CLA-2-90:OT:RR:NC:N1:405
JoAnn Allender
AMG Customs Solutions, Inc.
150 S. 8th Street, #1554
Lewiston, NY 14092
RE: The tariff classification of railway inspection equipment from France
Dear Ms. Allender:
In your letter dated August 17, 2016, on behalf of ROV Railway Industry, LLC, you requested a tariff classification ruling.
The merchandise at issue consists of products used to measure and inspect elements of a railway system. The products are indentified as the Camerov® HDD-E®, the Camerov ® VisioCat-HF, and the Camerov® VisioCat-HF with Las’Cat.
The Camerov® HDD-E® is a device used to measure the height, stagger, and cant of overhead lines in a railway system, as well as the gauge of the rail system’s tracks. The HDD-E® incorporates a high resolution digital camera and integrated laser rangefinders to take measurements. The collected measurements are transmitted to a laptop or tablet computer by means of a USB cable, where a user can record and analyze the data using a proprietary software system by the name of Geometricat®. Access to the Geometricat® software is made available to any purchaser of the HDD-E®, however the PC or tablet computer upon which the softare will be installed is not included with the product.
The Camerov® Visiocat-HF is described as an inspection tool for train pantographs and overhead catenary wires. The tool incorporates a digital camera and two parallel positioning forks, and is designed to be used with a proprietary software system by the name of SOFTCAT. The Visiocat-HF’s camera captures still and video images and transmits them to a location outside the camera for remote viewing and recording. This camera includes optical zoom features and operates using visible light. The Visiocat-HF is intended to be placed on a telescopic pole (not included with the product) and used to inspect and photograph the status of pantographs, overhead catenary wires, and elements of a traincar’s roof. The Visiocat-HF does not take any measurements itself, but rather transmits the images to a reception box that connects to a PC or tablet computer with the SOFTCAT software installed. The software enables a user to analyze and record the images collected. The Camerov® Visiocat-HF is sold with the reception box, two sets of positioning forks, two chargers, and a USB cable. As with the HDD-E®, access to the SOFTCAT software is made available to any purchaser, however the PC tablet with which it will be used is not included.
The Camerov® Visiocat-HF with Las’Cat consists of the abovementioned Visiocat-HF combined with a Las’Cat module. The Las’Cat module, described as a laser telemeter, can be attached to the Visiocat-HF in lieu of one of the positioning forks and provides the device with additional measurement capabilities. When coupled with the Las’Cat, the Visiocat-HF is able to measure a number of variables, including the height and dimensions of the catenary wire, isolation distances under bridges and tunnels, and rail deflection when a train passes. The measurement data and images taken by the Visiocat-HF with Las’Cat are transmitted to the aforementioned reception box connected to a computer, where a user can further analyze the data via the SOFTCAT software. The Visiocat-HF with Las’Cat is sold with everything included with a standard Visiocat-HF, along with the Las’Cat module.
You indicate that there may be instances when the Las’Cat module is imported without the Visiocat-HF. The Las’Cat module, when uncoupled from the Visiocat-HF, operates in a manner largely akin to that of a laser rangefinder. Consequently, the Las’Cat would be classified as such when imported separately from the Visiocat-HF.
In your original submission, you proposed that both the Camerov® Visiocat-HF with Las’Cat and the Camerov® HDD-E® should be classified under subheading 8528.59.2500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Monitors and projectors, not incorporating television reception apparatus; reception apparatus for television, whether or not incorporating radio-broadcast receivers or sound or video recording or reproducing apparatus: Other monitors: Other: Color: With a flat panel screen: Other: With a video display diagonal not exceeding 34.29 cm. However, neither of the inspection systems in question includes a monitor or a vision module; therefore, classification in heading 8528, HTSUS, is not applicable.
The applicable subheading for the Camerov® HDD-E® will be 9031.49.9000, HTSUS, which provides for Measuring or checking instruments, appliances and machines, not specified or included elsewhere in this chapter; profile projectors; parts and accessories thereof: Other optical instruments and appliances: Other: Other. The rate of duty will be free.
The applicable subheading for the Camerov® Visiocat-HF will be 8525.80.3010, HTSUS, which provides for Transmission apparatus for radio-broadcasting or television, whether or not incorporating reception apparatus or sound recording or reproducing apparatus; …: Television cameras, digital cameras and video camera recorders: Television cameras: Other: Color. The general rate of duty will be 1.5 percent ad valorem.
The applicable subheading for the Camerov® Visiocat-HF with Las’Cat will be 9031.49.9000, HTSUS, which provides for Measuring or checking instruments, appliances and machines, not specified or included elsewhere in this chapter; profile projectors; parts and accessories thereof: Other optical instruments and appliances: Other: Other. The rate of duty will be free.
The applicable subheading for the Las’Cat module, when imported separately, will be 9015.10.4000, HTSUS, which provides for Surveying (including photogrammetrical surveying), hydrographic, oceanographic, hydrological, meteorological or geophysical instruments and appliances, excluding compasses; rangefinders; parts and accessories thereof: Rangefinders: Electrical. 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 https://hts.usitc.gov/current.
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 Evan Conceicao at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division