CLA-2-85:OT:RR:NC:N2:220

Daniel Cianek
Esterline Advanced Input Systems
600 W. Wilbur Ave,
Coeur d'Alene, ID 83815

RE: The tariff classification of a capacitive touch screen assembly from Taiwan

Dear Mr. Cianek:

In your letter dated March 1, 2018 you requested a tariff classification ruling.

The item under consideration is referred to as touch screen assembly enclosed in a bezel. The subject touch screen assembly is described as consisting of a capacitive touch overlay and a glass bezel with decorative markings. There are two multi-pin flat electrical connectors that extend from the bezel and are used to attach the touch screen to a separate controller. You state that the touch screen is intended to be used with gaming machines and that it provides the control interface between the user and the machine.

In your request, you suggest that the merchandise is classifiable as parts and accessories of other games under subheading 9504.30, Harmonized Tariff Schedule of the United States (HTSUS). However, the item does not meet the terms of the heading as the goods are not solely or principally dedicated for use with the gaming machines of Chapter 95. Therefore, the touch screen assembly is not classifiable in Chapter 95.

For an alternative classification, you suggest the touch screen assembly is classifiable in subheading 8537.10.80, HTSUS, which provides for touch-sensitive input devices. We agree. As described, the touch screen assembly meets the terms of the heading and such apparatus is specifically provided for by name.

The applicable subheading for the touch screen assembly will be 8537.10.8000, HTSUS, which provides for “Boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of 8535 or 8536, for electric control or the distribution of electricity…: For a voltage not exceeding 1,000 V: Other: Touch-sensitive data input devices (so-called “touch screens”) without display capabilities, for incorporation into apparatus having a display, which function by detecting the presence and location of a touch within the display area (such sensing may be obtained by means of resistance, electrostatic capacity, acoustic pulse recognition, infra-red lights or other touch-sensitive technology)”. The rate of duty will be 1.3 percent ad valorem.

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 Karl Moosbrugger at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division