CLA-2-85:OT:RR:NC:N1:109
Ms. Cheryl Murphy Corbeil
Cole International Inc.
5945 Airport Road, Suite 335
Mississauga, ON L4V 1R9
RE: The tariff classification of a SkyMate modem from an unspecified country
Dear Ms. Corbeil:
In your letter dated October 20, 2008 you requested a tariff classification ruling, on behalf of your client SkyMate.
The merchandise subject to this ruling is five models of a SkyMate modem. They are identified within your letter as the SkyMate 100, SkyMate 200, SkyMate 200 with Sentry Mate, SkyMate VMS, and SkyMate 250 VMS. The SkyMate modems are used in different types of boating; recreational, sport fishing, commercial fishing, and workboat/fleets and need a laptop to operate.
The SkyMate 100 includes a SkyMate satellite communicator, power cables, SkyMate PC software, SkyMate approved 38” VHF band, 30’ of LMR coax cable for the VHF antenna, a serial data cable, and a serial-to-USB adapter, a message indicator light, an installation guide, and an owner’s manual.
The SkyMate 200 is a complete communication and navigation package. It includes a SkyMate satellite communicator with an internal 12 channel GPS receiver with NEMA input capabilities, the SkyMate approved premium commercial grade 48” fiberglass VHF band antenna, a marine grade GPS antenna, 30’ of LMR coax cable for the VHF and GPS antennas, power cables, SkyMate PC software, a GPS data cable, a serial data cable, a serial-to USB adapter, a message indicator light, an installation guide, and an owner’s manual.
The SkyMate 200 SentryMate is a boat monitoring package with built-in GPS. It includes all the items from the SkyMate 200 package plus a bilge float, switch, AC/DC power sensors, and capability of two additional user defined inputs.
The SkyMate VMS & SkyMate 250 VMS Package is designed for commercial fishermen with NMFS tracking requirements. It includes a SkyMate satellite communicator with an internal 12 channel GPS receiver with NEMA input capabilities, the SkyMate approved premium commercial grade 48” fiberglass VHF band antenna, a marine grade GPS antenna with 30’ of LMR coax cable for the VHF and GPS antennas, a GPS data cable, and a 8V 3.2 A-hr sealed reserve battery. The package also includes power cables, a serial-to-USB adapter, a message indicator light, a serial data cable, SkyMate PC software, an installation guide, and an owner’s manual.
The satellite data communicator, which each of the SkyMate products contains, carries out the function of a modem. It obtains its power via the power cable from the vessel’s power (12v or 24v) or from back-up battery power. The modem is used by the end user for vessel-to/from-shore communications, i.e., e-mail, fax, weather reports, positioning reporting, etc. The modem, when connected to a laptop/PC, initiates e-mail transmissions. The modem receives e-mails and passes them on to the laptop/PC.
The VHF antenna is connected by a coaxial cable to the satellite communicator (modem). The antenna is installed at a location on the vessel where it will have a clear view of the sky, to enable communications with the ORBCOMM satellites. The message waiting indicator light is engaged when an inbound message has been received by the satellite communicator (modem). The end user must use a connected laptop to view the received message.
The end user can also create an e-mail on a laptop and send it from the SkyMate system on the vessel. The message is sent from the laptop to the modem. The message is queued on the modem for transmission when the ORBCOMM satellite comes into view. The message is transmitted by the modem to the satellite and the satellite sends the message to a land-based relay station (Gateway Earth Station). The land-based station sends the message through its mail servers (Network Control Center) to its final destination server. Once completed, the land-based relay station sends a confirmation message back to the satellite to be delivered to the modem from which the message originated. The satellite in view of that particular modem sends the confirmation message to the modem. The modem receives the message and the message indicator light illuminates. The modem transmits the confirmation message to the laptop where the end user can see that the message was successfully delivered.
The applicable subheading for the SkyMate 100, SkyMate 200, SkyMate 200 with Sentry Mate, SkyMate VMS, and SkyMate 250 VMS will be 8517.62.0050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Machines for the reception, conversion and transmission or regeneration of voice, images or other data, including switching and routing apparatus: 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/.
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 Linda M. Hackett at (646) 733-3015.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division