CLA-2-84:OT:RR:NC:1:102
Yasmin Wadia
Laser Tissue Welding, Inc.
5510 Atascocita Road, Suite 210
Humble, Texas 77346
RE: The tariff classification of radio frequency devices and equipment from France.
Dear Ms. Wadia:
In your letter dated November 20, 2014 you requested a tariff classification ruling.
SPACECODE’s powerful Radio Frequency Identification (RFID) technology is said to reduce manual involvement and errors in counting and stock-taking processes and provides real-time actionable product visibility, workflow automation and inventory monitoring, resulting in more effective workflows, maximal inventory control, optimized patient care and lower costs.
The “Pharmaceutical Refrigerators”, models V4468.1 DIV-KIR RFID and V4288.1 DIV-KIR RFID, are non-household refrigerators of galvanized steel and aluminum and have an attached PC Panel, which are retailed together. Both refrigerators include a condenser, compressor and an evaporator that are designed to cool between 2 to 20 degrees Celsius. These refrigerators are integrated with a radio frequency unit and have an attached 15 inch touch screen PC display panel, which electronically connects to the refrigerator’s RFID scanning equipment. Essentially, the “Pharmaceutical Refrigerators”, models V4468.1 and V4288.1, are described as refrigerators capable of monitoring access, and tracking, but are basically designed to store items at a low temperature.
The “RFID SmartCabinet”, model V3370.3D, is ideal for storing and tracking high value medical devices for radiology, cardiac, pharmaceutical and surgical departments. The features of the “RFID SmartCabinet” include: LED illumination, RFID access card reader, and emergency manual key release. In the 3D version, products can be tagged and positioned randomly. The “RFID SmartCabinet” are cased in premium grade galvanized steel, glass door and mounted on wheels. With this 3D variant, the products can be tagged and positioned randomly. See New York rulings, N204484 dated March 13, 2012 and N210127 dated April 12, 2012.
The “SmartBoard with PC Panel”, model V1551, is a plastic rectangular-shaped device that measures 480mm (W) x 500mm (D) x 450mm (H). It is a “read only” device that reads RFID tagged items and displays them onto an attached PC panel. The PC Panel is a 15 inch touch screen display panel that is connected to the RFID reader via a wire/cable. The “SmartBoard with PC Panel”, model V1551, is an input/output functional unit that meets the requirements of Note 5c to Chapter 84, having the clearly defined function of the reader. The “SmartStation”, model V1000, is identified as an RFID “reader box” with antenna. The aluminum rectangular-shaped box measures 268mm (W) x 208mm (D) x 100mm (H). It is also a “read only” device. The plastic rectangular-shaped RFID antenna measures 270mm (W) x 210mm (D) x 10mm (H) and is connected to the reader box.
According to the information provided by the importer, they are both identified as RFID readers only. Each item is an input unit that connects to and transmits RFID tagged data in a form of codes or signals to the central processing unit of a computer. They are solely or principally used in an automatic data processing (ADP) system. As such, they both meet the requirements of Note 5C to Chapter 84, HTSUS.
The applicable subheading of both the SmartBoard with PC Panel Model V1551 and the SmartStation Model V1000 will be 8471.60.9050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Automatic data processing machines and units thereof…: Input or output units, whether or not containing storage units in the same housing: Other: Other: Other. The rate of duty will be Free.
The applicable subheading for the Pharmaceutical Refrigerators, models V4468.1 DIV-KIR RFID and V4288.1 DIV-KIR RFID, will be 8418.50.0080, HTSUS, which provides for Refrigerators, freezers and other refrigerating or freezing equipment; Other furniture (chests, cabinets, displays counters, show-cases and the like) for storage and display, incorporating refrigerating or freezing equipment; Other. The rate of duty will be Free.
The applicable subheading for the V3370.3D RFID SmartCabinet, for use of identifying, tracking and managing biological products, will be 9402.90.0020, HTSUS, which provides for Medical, surgical, dental or veterinary furniture….: Other; 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/.
Your inquiry does not provide enough information for us to give a classification ruling on LF-RFID-LED Tags. Your request for a classification ruling should include the following:
Does the LF-RFID-LED Tag in question contain a material that stores or transmits data? If so, does each it function as an instrument on which data, sound, video, etc., may be stored or retrieved upon demand from a host machine? Can the subject RFID tags perform functions other than storing and transmitting data? If so, what other functions can it perform?
Please fully explain the LED function of this tag?
Note 4 (a) to Chapter 85 states that “Solid-state non-volatile storage devices” are storage devices with a connecting socket, comprising in the same housing one or more flash memories in the form of integrated circuits mounted on a printed circuit board. They may include a controller in the form of an integrated circuit and discrete passive components, such as capacitors and resistors. Does the RFID-LED tag in question meet this note? Please explain your answers.
Note 4 (b) to chapter 85 states that the term “smart cards” means cards which have embedded in them one or more electronic integrated circuits (a microprocessor, random access memory (RAM) or read-only memory (ROM)) in the form of chips. These cards may contain contacts, a magnetic stripe or an embedded antenna but do not contain any other active or passive circuit elements. Does the subject RFID-LED tag meet this note? Please explain your answer.
Please list all of the active and/or passive circuit elements that this RFID-LED tag contains.
When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.
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 Sandra Martinez at [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division