CLA-2-85:OT:RR:NC:N1:109
Ms. Susan Weatherton
Director of Sales
Northstar Systems, Inc.
8351 Elm Avenue, Suite 103
Rancho Cucamonga, CA 91730
RE: The tariff classification of Key2 Safe Driving Systems Activator® from China
Dear Ms. Weatherton:
In your letter dated February 10, 2010 you requested a tariff classification ruling on behalf of your client, Safe Driving Systems, LLC.
The merchandise subject to this ruling is a Key2 Safe Driving Systems Activator®. It is a device that receives data from the OBD2 (on-board diagnostic) port in a vehicle and transmits data over Bluetooth to a cell phone within the vehicle. When the ignition of a vehicle is turned on the Key2 Safe Driving Systems Activator® broadcasts (sends) a Bluetooth signal to the cell phone alerting the cell phone to place itself in a restricted mode. While in restricted mode, the cell phone redirects calls and text messages to voice mail and its inbox, respectively. As such the Key2 Safe Driving Systems Activator® prevents the cell phone user from making and receiving calls or initiating and receiving text messages.
The Key2 Safe Driving Systems Activator® has firmware that is designed to identify when the automobile is running by using data being transmitted over the OBD2 port. Turning the car on broadcasts a Bluetooth signal to the cell phone via the Key2 Safe Driving Systems Activator®. The cell phone recognizes the signal and starts restricted mode on the phone redirecting calls and text messages to voicemail and the cell phones inbox, as well as preventing the user from making calls and initiating text messages. This is executed every time the ignition is turned on and stops when the ignition is turned off.
The Key2 Safe Driving Systems Activator® does not record or regulate mobile phone activity, but rather sends a Bluetooth signal that the cell phone interprets. The software that is installed on the cell phone is the controlling point for storing data, regulating and reporting information and disabling the function of the cell phone. The Key2 Safe Driving Systems Activator® has resident firmware on it to access the signals transmitted by the computer modules in a vehicle when it is plugged into the OBD2 connector in the vehicle. The firmware interprets those signals so that the information can be transmitted via Bluetooth to the cell phone. After the Key2 Safe Driving Systems Activator® sends the signals to the cell phone; the cell phone runs an installed application. This application is what disables the use of functions on the cell phone. The application has several programmable features that allow a parent or employer to control cell phone functions available to the driver.
Although the Key2 Safe Driving Systems Activator® plugs into the diagnostic port of a vehicle, it does not perform any diagnostics nor is any analysis done. The diagnostic port just provides access to data that is required for transmitting to the cell phone. The software in a paired cell phone reads the Bluetooth signals that the Key2 Safe Driving Systems Activator® sends and the software will turn off functions in the cell phone when the ignition is on.
The applicable subheading for the Key2 Safe Driving Systems Activator® will be 8517.62.0050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Other apparatus for transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network): Machines for the reception, conversion and transmission or regeneration of voice, images or other data, including switching and routing apparatus: Other." The rate of duty will be free.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Linda M. Hackett at (646) 733-3015.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division