CLA-2-90:OT:RR:NC:N2:209
Mr. Carl Forsyth
Detection Technologies
Unit A, Fairview Buildings
Ripley DE5 3GH
United Kingdom
RE: The tariff classification of the DuoTek and VibraSector from the United Kingdom
Dear Mr. Forsyth:
In your letter dated February 8, 2020, you requested a tariff classification ruling.
The items concerned are referred to as the DuoTek and VibraSector perimeter security system analyser kits. Both items are being imported as sets containing an analyser unit, sensor cables and various other components. All components of each kit work together to form a perimeter sensing unit. The sensor cable electronically responds to touch and movement by varying an electrical signal, and by the analyser monitors that output signals and make determinations as to the threat level. The analyser then forwards that analysis to a security system/computer and/or sounds an alarm (not part of this kit).
The first item under consideration is the DuoTek perimeter security system analyser set. This system is designed to monitor the status of a perimeter barrier and to alert security personnel and systems when signals are generated as a result of mechanical activities on the barrier are detected and classified as being of hostile origin. The DuoTek analyser operates by analysing the incoming electrical signal from the VibraTek Plus sensor cable. The microprocessor determines if the signal is outside the fixed set of parameters (i.e. “Secure”, “Tamper”, “Climb Alarm” and “Cut Alarm”). Under normal operating conditions, the analysers would signal an alarm by opening a normally closed (shorted) solid-state relay contact, which would be connected to an alarm panel or security monitoring system (sold separately). It can also annunciate alarms using the Ethernet protocol (via separate computer systems). The DuoTek Analyser is imported as a set containing the VibraTek Plus sensor cable, DuoTek software, junction box, end of line module, gate kit, 12 volt power supply, and 200 millimetre plastic cable ties.
The second item under consideration is the VibraSector fence intrusion detection system set. This system works very similarly to the DuoTek perimeter security system analyzer described above. In addition, it is able to provide the location of the breach in the perimeter fence. The VibraSector analyzer checks the incoming electrical signal from the VibraTek Plus sensor cable. The microprocessor determines if the signal is outside the fixed set of parameters (i.e. “Secure”, “Tamper”, “Climb Alarm” and “Cut Alarm”). Under normal operating conditions, the analyzers would signal an alarm by opening a normally closed (shorted) solid-state relay contact, which would be connected to an alarm panel or security monitoring system (sold separately). It can also annunciate alarms using the Ethernet protocol (via separate computer systems). The VibraSector Analyzer is imported as a set with the VibraTek Plus sensor cable, VESPA software, line segmentation module, junction box, gate kit, 12 volt power supply and plastic cable ties.
The Explanatory Notes to the Harmonized Tariff System provide guidance in the interpretation of the Harmonized Commodity Description and Coding System at the international level. Explanatory Note (X) to GRI 3 provides that the term “goods put up in sets for retail sale” means goods that: (a) consist of at least two different articles which are prima facie, classifiable in different headings; (b) consist of articles put up together to meet a particular need or carry out a specific activity; and (c) are put up in a manner suitable for sale directly to users without repacking. It is the opinion of this office that the DuoTek and VibraSector analyzer sets represent a set in accordance with GRI 3 (b). The classification will be made according to the component, or components taken together, which can be regarded as conferring on the set as a whole its essential character. It is the opinion of this office that the components of each set work together to form the sensing unit of an alarm system. We find the essential character of the DuoTek analyzer set and the VibraSector analyzer set is that of an alarm sensing unit.
The applicable subheading for the DuoTek and VibraSector analyzer sets will be 8531.90.9001, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electric sound or visual signaling apparatus (for example, bells, sirens, indicator panels, burglar or fire alarms), other than those of heading 8512 or 8530; parts thereof: Parts: 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 the 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 Steven Pollichino at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division