CLA-2 RR:TC:MM 956286 LTO
Mr. Laurence J. Lasoff
Mr. John B. Brew
Collier, Shannon, Rill & Scott
3050 K Street, N.W.
Suite 400
Washington, D.C. 20007
RE: Portable Data Collection Terminals; LDT 3805 Portable Data Collection Computer with Laser Scanner; plastic housings; HQ
956839
Dear Mr. Lasoff and Mr. Brew:
This is in response to a letter from Seino America, Inc., of
March 29, 1994, requesting, on behalf of Symbol Technologies,
Inc., the classification of the LDT 3805 Portable Data Collection
Computer with Laser Scanner, as well as, the plastic housing for
such a unit, under the Harmonized Tariff Schedule of the United
States (HTSUS). In preparing this decision, we have also
considered several supplemental submissions.
FACTS:
The LDT 3805 Portable Data Collection Computer with Laser
Scanner (LDT 3805) is a microprocessor-based, lightweight,
battery-operated, hand held data collection terminal. Data may
be collected via a bar code scanning device or may be keyed into
memory via an integrated keyboard. Information can be downloaded
from the LDT 3805 to the host computer through an optically-coupled serial interface to a charging and communications module
(CCM) or to a printer. The LDT 3805 can have up to 4.2 megabytes
of RAM for data storage and multiple input and output
capabilities for connection of printers, bar code readers and
communication devices. - 2 -
A typical application for the LDT 3805 is a store-wide price
change for the store's stock. To accomplish this task, the user
programs the terminal to change the price of each product by, for
example, ten percent. The user then scans the bar code of each
product (or manually types the data into the terminal via the
keypad). The terminal then retrieves the cost of the articles
and calculates the new price. Then, using a portable printer
unit, the system prints a new price tag bearing the ten percent
change.
ISSUE:
Whether the LDT 3805 Integrated Laser Terminal is
classifiable as an automatic data processing (ADP) machine or ADP
input unit under heading 8471, HTSUS, or as an optical appliance
or instrument under heading 9013, HTSUS.
LAW AND ANALYSIS:
The General Rules of Interpretation (GRI's) to the HTSUS
govern the classification of goods in the tariff schedule. GRI 1
states, in pertinent part, that "for legal purposes,
classification shall be determined according to the terms of the
headings and any relative section or chapter notes . . . ."
Pursuant to section 625(c)(1), Tariff Act of 1930 (19 U.S.C.
1625(c)(1)), as amended by section 623 of Title VI (Customs
Modernization) of the North American Free Trade Agreement
Implementation Act (Pub. L. 103-182, 107 Stat. 2057), HQ 956839,
which was issued to you, was published on April 17, 1996, in the
Customs Bulletin, Volume 30, Number 16. In HQ 956839, we
determined that the PDT 3100 portable data collection terminal
was classifiable under subheading 8471.60.10, HTSUS, which
provides for combined input/output units for automatic data
processing (ADP) machines. While we cited GRI 3(b) (composite
good/essential character) as the basis for the classification of
the terminal, classification should have been made at the GRI 1
level, using note 3 to section XVI, HTSUS (multifunction
machine/principal function). A "base assembly with speakers" for
the PDT 3100 was classified as a part under subheading
8473.30.50, HTSUS, which provides for other parts and accessories
for the machines of heading 8471, HTSUS.
The PDT 3100 portable data collection terminal, when
imported with an optional laser scanner, is similar to the LDT
3805 portable data collection terminal, which includes an
integrated bar code scanning device. For the reasons set forth
- 3 -
in HQ 956839, the LDT 3805 is also classifiable under subheading
8471.60.10, HTSUS (according to note 3 to section XVI), while
plastic housings for the LDT 3805 are classifiable under
subheading 8473.30.50, HTSUS.
HOLDING:
The LDT 3805 Portable Data Collection Computer with Laser
Scanner is classifiable under subheading 8471.60.10, HTSUS, which
provides for combined input/output units for automatic data
processing machines. The corresponding rate of duty for articles
of this subheading is 2.2% ad valorem.
The plastic housings for the LDT 3805 are classifiable under
subheading 8473.30.50, HTSUS, which provides for other parts and
accessories for the machines of heading 8471, HTSUS. The
corresponding rate of duty for articles of this subheading is
free.
Sincerely,
John Durant, Director
Tariff Classification Appeals Division