CLA-2-90:OT:RR:NC:4:405
Ms. Courtney Seelinger
Tektronix Incorporated
P.O. Box 500
Beaverton, OR 97077
RE: The tariff classification of a sync pulse generator from China
Dear Ms. Seelinger:
In your letter dated September 24, 2013, you requested a tariff classification ruling. No samples were provided.
The SPG8000 Sync Pulse Generator is a “multi-format video signal generator.” You indicate that it produces video and audio reference signals used in digital broadcast environments, that it performs no independent measuring or checking function, and that, instead, other instruments utilize the signals it produces to measure and check the performance of various electronic items.
As you note, Harmonized System Subheading 8543.20, within Electrical Machines and Apparatus, provides for, eo nomine, Signal Generators. Harmonized System Explanatory Note 2 to 8543 includes as examples impulse, pattern, and sweep generators.
However, we agree that CBP’s position is that Signal Generators used to produce and output electrical signals to electronic equipment for testing and calibration applications are not classified in 8543.20, HTSUS, but 9030, HTSUS, as Instruments or Apparatus for Measuring or Checking Electrical Quantities. E.g., Headquarters Ruling Letter 961882, dated August 3, 1998, revoked New York Ruling Letter C86285, dated April 30, 1998, which had classified those Signal Generators in 8543.20, and classified them in heading 9030, HTSUS.
Within 9030, HTSUS, these items are “specially designed for telecommunications” as indicated, e.g., by their ability to produce “video test patterns in serial digital formats SD, HD and SG-SDI and analog formats NTSC and PAL.”
We agree that the applicable subheading for the SPG8000 Sync Pulse Generator will be 9030.40.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Instruments and Appliances for Measuring or Checking Electrical Quantities, specially designed for telecommunications (for example, cross-talk meters, gain measuring instruments, distortion factor meters, psophometers). 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 J. Sheridan at (646) 733-3012.
Sincerely,
Gwenn Klein Kirschner
Acting Director
National Commodity Specialist Division