CLA-2-85:OT:RR:NC:N1:112

Mr. Kyle D. Uhen
Deere & Company
3400 80th Street
Moline, IL 61265

RE: The tariff classification of the CommandCenter from Mexico

Dear Mr. Uhen:

In your letter dated September 3, 2013, you requested a tariff classification ruling.

The merchandise under consideration is referred to as the CommandCenter and identified as part number PHT90210915/RE219034. This device is a vehicle monitor panel with a liquid crystal display installed in the cab console of John Deere tractors for monitoring diagnostic information on the machine. The CommandCenter consists of a liquid crystal display, several soft keys, and knobs used to change and display various applications. The center display of the CommandCenter is divided into two parts and allows an operator to choose the information to monitor for a given operation. The top half of the display monitors one of four constant functions which include percent slip, engine hours, PTO speed and clock which the operator chooses by pushing the corresponding switch. The operator may select one of twenty-two additional functions to be displayed on the lower half of the screen simultaneously with the top constant functions.

The CommandCenter is used as a means to display and set up various functions on the vehicle. It does not control any functions on the tractor, but rather is the interface that allows the operator to adjust settings such as desired flow rate, lighting and transmission settings for a given operation. The device communicates those desired changes to the controlled area network (CAN), which is the part of the tractor that has control functionality. The CAN then converts this information into signals which are activated through switches on the Armrest Control Unit which is an entirely separate component from the CommandCenter. The CommandCenter cannot activate or engage any setting change on the vehicle.

You requested classification in subheading 8471.49, which provides for: …other automated data processing (ADP) machines: other, entered in the form of systems. Based on the information provided, the imported touch set is a vehicle monitor panel that does not meet Note 5 (a) to Chapter 84, Harmonized Tariff Schedule of the United States (HTSUS) which states:

(A) For the purposes of heading 8471, the expression "automatic data processing machines" means machines capable of : (i) Storing the processing program or programs and at least the data immediately necessary for the execution of the program; (ii) Being freely programmed in accordance with the requirements of the user; (iii) Performing arithmetical computations specified by the user; and (iv) Executing, without human intervention, a processing program which requires them to modify their execution, by logical decision during the processing run.

The applicable subheading for the CommandCenter (part number PHT90210915/RE219034) will be 8531.20.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electric sound or visual signaling apparatus…: Indicator panels…: Incorporating LCD’s”. The general 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 Benjamin Peleg at (646) 733-3015.

Sincerely,

Myles B. Harmon
Director
National Commodity Specialist Division