CLA-2 CO:R:C:G 086121 JMH

Irving W. Smith, Jr., Esq.
1331 Pennsylvania Avenue, N.W.
Suite 1200F
Washington, D.C. 20004

RE: Point-of-sale terminals

Dear Mr. Smith:

Your November 14, 1989, request for a classification ruling under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) on behalf of VeriFone Corporation for certain point-of-sale terminals, the VeriFone Zon Jr. XL and the Tranz 330, has been referred to this office for a reply.

FACTS:

The articles in question are the VeriFone Zon Jr. XL and the Tranz 330 point-of-sale terminals. The Zon Jr. XL and the Tranz 330 are used by businesses to record sales transactions as they occur. The sales data is entered manually through a keyboard or automatically by using an incorporated card reader. Once the sales information is entered, the terminals are able to record inventory information, the amounts of each sale, and the total of all sales. The devices are also able to perform automated printing of customer receipts by the use of either a slip or roll printer.

The Zon Jr. XL and the Tranz 330 each have a sixteen-key keyboard for the manual input of data. The terminals have sixteen-character vacuum fluorescent alphanumeric displays with a decimal point and a comma. Both terminals are equipped with a magnetic card reader, a serial port for printer support and a Z- 80 central processing unit with 32K EPROM. The Zon Jr. XL has 16K RAM and the Tranz 330 has 32K RAM. Both terminals are battery backed. The Zon Jr. XL and the Tranz 330 have a built- in Bell auto-dial modem. The terminals are operable on eight communications networks.

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ISSUE:

Whether the Zon Jr. XL and the Tranz 330 point-of-sale terminals are "cash registers" within the meaning of heading 8470, HTSUSA.

LAW AND ANALYSIS:

The classification of merchandise under the HTSUSA is governed by the General Rules of Interpretation (GRI's). GRI 1, HTSUSA, states in part that "for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes and...according ..to the following provisions."

You contend that the Zon Jr. XL and the Tranz 330 are cash registers, and therefore, heading 8470, HTSUSA, is the appropriate heading. This heading describes the following:

8470 Calculating machines; accounting machines, cash registers, postage franking machines, ticket issuing machines and similar machines, incorporating a calculating device...

8470.50.00 Cash registers...

In order to determine what is a cash register, the Explanatory Notes to the HTSUSA must be utilized. The Explanatory Notes, although not dispositive, are to be looked to for the proper interpretation of the HTSUSA. 54 Fed. Reg. 35127, 35128 (August 23, 1989).

Explanatory Note 84.70(C) of the Harmonized Commodity Description and Commodity System (HCDCS) defines "cash register" as follows:

These machines are used in shops, offices, etc., to provide a record of all transactions (sales, services rendered, etc.,) as they occur, of the amounts involved, the total of the amounts recorded and, in some cases, the code number of the article, quantity sold, time of transaction, etc.

The data are introduced manually by means of a keyboard and a stop, lever or handle. Like calculating and accounting machines, however, however, some cash registers have ancillary facilities for the automatic input of recurrent or pre-set data (e.g., card or tape readers).

Usually, the result is visually displayed and printed, at the same time, on a ticket for the customer -3-

and on a tally roll which is periodically removed from the machine for checking purposes.

These machines are oftem combined with a till or drawer in which the cash is kept.

They may also incorporate or work in conjunction with devices such as multipliers for increasing their calculating capacity, calculators of change due, automatic change dispensers, trading stamp dispensers, credit card readers, check digit verifiers, or appliances for transcribing all or part of the data on transactions onto data media in coded form.

This heading also covers cash registers working in conjunction, on-line or off-line, with an automatic data processing machine. Explanatory Note 84.70(C), HCDCS, Vol. 3, p. 1295.

As the note makes clear, cash registers are machines (1) used to provide a record of all transactions as they occur and (2) which input data, either manually or automatically. This note draws no distinction between machines that operate on-line or off-line with an automatic data processing machine. There is no requirement that a cash drawer be incorporated with the device.

The language of Explanatory Note 84.70(C), HCDCS, makes clear that the Zon Jr. XL and the Tranz 330 point-of-sale terminals are "cash registers" within the meaning of heading 8470. Both terminals provide a record of all sales transactions after the sale information is entered. Therefore, the appropriate classification for the terminals is subheading 8470.50.00, HTSUSA.

HOLDING:

The Zon Jr. XL and the Tranz 330 point-of-sale terminals are "cash registers" within the meaning of heading 8470, HTSUSA. Both terminals provide a record of all sales transactions after the sale information is entered. Therefore, the appropriate classification for the terminals is subheading 8470.50.00, HTSUSA.

Sincerely,

John Durant, Director
Commercial Rulings Division