CLA-2 CO:R:C:M 953238 MBR
Mr. J. T. Graham
Operations Director
ABS Electronics
395 Holywood Road
Belfast BT4 2LS
N. Ireland
RE: ABS Electronics Copymanager System; Modification of HQ 086841;
Data Collector; Multi-Function Machine
Dear Mr. J. T. Graham:
On July 2, 1990, we issued HQ 086841, regarding the
classification of the ABS Electronics Copymanager System, under the
Harmonized Tariff Schedule of the United States (HTSUS). However,
HQ 952724, of this date, has modified our prior ruling (HQ 086841)
with regard to the data collector unit.
FACTS:
The ABS Electronics Copymanager System is used to control
certain photocopier functions and to monitor the data regarding
photocopier use. The system consists of four components designated
as follows; the Copymanager unit, the Datacollector unit, the
Software package and the Copymanager cards.
ISSUE:
Whether the Datacollector is classifiable within subheading
8471.93.60, HTSUS, which provides for "[a]utomatic data processing
machines and units thereof: [o]ther: [s]torage units...: [o]ther
storage units: [o]ther," or in heading 8471.92.10, HTSUS, which
provides for "[a]utomatic data processing machines and units
thereof: [o]ther: [i]nput or output units, whether or not entered
with the rest of a system and whether or not containing storage
units in the same housing: [c]ombined input/output units?
-2-
LAW AND ANALYSIS:
Classification of merchandise under the HTSUS is governed by
the General Rules of Interpretation (GRI's). GRI 1 provides that
classification is determined first in accordance with the terms of
the headings of the tariff and any relative section or chapter
notes.
The "Datacollector" is essentially a "data collector," similar
in form and function to the merchandise addressed in HQ 952724, of
this date, NY 868140, dated October 28, 1991, and NY 850978, dated
April 20, 1990. These rulings held that similar data collectors
were classifiable in subheading 8471.92.10, HTSUS, which provides
for: "[a]utomatic data processing machines and units thereof:
[o]ther: [i]nput or output units, whether or not entered with the
rest of a system and whether or not containing storage units in the
same housing: [c]ombined input/output units." Thus, it was
determined that the essential character of such data collectors was
imparted by the input/output functions. This continues to be our
position regarding data collectors.
However, in HQ 086841, dated July 2, 1990, we held that a
certain data collector for a photocopying system was classifiable
in subheading 8471.93.60, HTSUS, which provides for ADP storage
units. Therefore, it is necessary to modify HQ 086841, in order
that all data collectors are consistently classifiable in
subheading 8471.92.10, HTSUS, which provides for ADP input/output
units.
HOLDING:
The ABS Electronics Copymanager System "Datacollector" unit
is classifiable in subheading 8471.92.10, HTSUS, which provides
for: "[a]utomatic data processing machines and units thereof:
[o]ther: [i]nput or output units, whether or not entered with the
rest of a system and whether or not containing storage units in the
same housing: [c]ombined input/output units."
EFFECT ON OTHER RULINGS:
For the reasons stated above, HQ 086841, dated July 2, 1990,
is modified under authority of section 177.9(d), Customs
Regulations, to reflect that the "Datacollector" is properly
classifiable under subheading 8471.92.10, HTSUS.
Sincerely,
John Durant, Director
Commercial Rulings Division