CLA-2-84:OT:RR:NC:N1:120
Mr. James F. Trubits
Mohawk Global Logistics
4700 Genesee Street
Suite 108
Cheektowaga, NY 14225
RE: The tariff classification of the Pharos Omega PS60 from Taiwan and the Pharos Omega PS200 from China
Dear Mr. Trubits:
In your letter dated April 17, 2014, you requested a tariff classification ruling on behalf of your client, Pharos Systems International.
The merchandise under consideration is the Pharos Omega PS60 and the Pharos Omega PS200, which are network devices used to secure print jobs by holding them in a virtual print queue. Once authenticated, each device releases the job and transmits it to the network printer, copier, or multifunctional device. The data is typically transmitted to/through the PS60 and PS200, just like a network hub. The data is unable to be processed or interpreted; it is simply routed to the printer through the PS60/PS200.
The PS60 and the PS200 devices connect to a network printer, copier, or multifunctional machine, and they are both compatible for use with a separate magnetic stripe card reader.
The PS60 is a four-port 10/100 wired external USB network interface used to release virtual print jobs. Pre-programmed data received from the network server is transmitted to a network printer for display on the printer’s LCD panel.
The PS200, which incorporates the same network interface as the PS60, features a touchscreen that displays a user interface for the input and output of data to and/or from a computer server. Its virtual keypad enables the user to enter his user ID and password for authentication. The Omega PS200 displays all the user’s queued print jobs, the cost of each job, and the total cost of all jobs selected.
The PS60 and PS200 meet the terms of an automatic data processing unit as per Legal Note 5(C) of chapter 84, Harmonized Tariff Schedule of the United States (HTSUS). In this regard, Note 5(C) to chapter 84, HTSUS, defines the term "data processing units" for purposes of heading 8471, HTSUS, as follows:
(i) It is of a kind solely or principally used in an automatic data processing system;
(ii) It is connectable to the central processing unit either directly or through one or more other units; and
(iii) It is able to accept or deliver data in a form (codes or signals) that can be used by the system.
However, the PS60 is excluded from heading 8471, HTSUS, by virtue of Legal Note 5(D)(ii) to chapter 84, HTSUS, which provides for apparatus for the 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).
The applicable subheading for the Pharos Omega PS60 will be 8517.62.0050, HTSUS, which provides for other apparatus for transmission or reception of voice, images or data…: Machines for the reception, conversion and transmission or regeneration of voice, images or other data…: Other. The rate of duty will be free.
The applicable subheading for the Pharos Omega PS200 will be 8471.60.1050, HTSUS, which provides for other input or output units, whether or not containing storage units in the same housing. 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 Denise M. Faingar at [email protected].
Sincerely,
Gwenn Klein Kirschner
Acting Director
National Commodity Specialist Division