CLA-2-90:OT:RR:NC:N4:405
Christine Denny
Qualcomm Incorporated
5775 Morehouse Drive
San Diego, CA
RE: The tariff classification of a Qualcomm Form Factor Accurate test device.
Dear Ms. Denny:
In your letter dated May 5, 2011, you requested a tariff classification ruling. No sample was provided.
Regarding the Qualcomm Form Factor Accurate (FFA) test device, you state:
“FFAs are test apparatus designed for field diagnostics testing. They allow Qualcomm licensees and partners to conduct chipset verification and validation, demonstration, exhibition and interoperability development testing. FFAs allow handset manufacturers and software developers to test their User Interface (UI) or hardware functionality, and network engineers to verify, test, and troubleshoot mobile networks. FFAs are marketed and sold exclusively to companies for testing, and are valued at four to seven thousand dollars. “FFA Capabilities can be isolated depending on what is being tested. Hardware may be evaluated with no software loaded. Digital only software would be sufficient to ‘wake up’ the chip in the FFA. To test one channel, or even one of multiple bands supported by a chip, an FFA may have limited capability to make calls. For an engineer to check that their code, and not the hardware, is the cause of problems they encounter, they can use the FFA with factory test code to enable hardware performance. Fully loaded software is often specialized for the specific features or functions being supported. For example, the FFA could allow a carrier or manufacturer to evaluate our chip, a feature of their phone, or their phone performance on the network.”
Although the device may be usable, per se, in telecommunications, that is primarily a useful adjunct to its specialized testing capabilities, similar to the TEMS Pocket in Headquarters Ruling Letter H014068, dated October 9, 2007 (in CROSS) or, using an older technology, the Telephone Lineman’s Test Set in HRL 089594, dated September 26, 1991 (not in CROSS). As in those cases, the FFAs much higher cost compared to a regular communications device is a further indication of the difference.
The applicable subheading for the Qualcomm Form Factor Accurate device will be 9030.40.00, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other instruments and apparatus for measuring electrical quantities, which are specially designed for telecommunications.
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 J. Sheridan at (646) 733-3012.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division