CLA-2-85:OT:RR:NC:N1:112
Mr. Kyle Uhen
Deere & Company
3400 80th Street
Moline, IL 61265
RE: The tariff classification of a touchset from Mexico
Dear Mr. Uhen:
In your letter dated September 03, 2013, you requested a tariff classification ruling.
The merchandise under consideration is referred to as a touchset (part number PHT90210913/RE177049) which is a vehicle monitor panel with liquid crystal display installed in the cab console of John Deere tractors. The touchset is used as a means for the operator to input and monitor hydraulic setting changes (flow rates and speed) which are communicated to the controlled area network (CAN). The CAN then converts this information into signals which are activated through switches on the Command ARM, an entirely separate component from the touchset. These switches activate selective control valves (SCV) that control the depth and flow rate of hydraulic implements installed on the vehicle.
You requested classification in subheading 8471.49, which provides for: …other ADP machines and units thereof in the form of systems. Based on the information provided, the imported touch set is a vehicle monitor panel that does not meet Note 5 (a) to Chapter 84, Harmonized Tariff Schedule of the United States (HTSUS) which states:
(A) For the purposes of heading 8471, the expression "automatic data processing machines" means machines capable of :
(i) Storing the processing program or programs and at least the data immediately necessary for the execution of the program;
(ii) Being freely programmed in accordance with the requirements of the user;
(iii) Performing arithmetical computations specified by the user; and
(iv) Executing, without human intervention, a processing program which requires them to modify their execution, by logical decision during the processing run.
When presented separately, the vehicle monitor panel is also excluded from heading 8471 even if it meets all of the conditions set forth in Note 5 (C) to Chapter 84, HTSUS (which it doesn’t in this case) which states:
(C) Subject to paragraphs (D) and (E) below, a unit is to be regarded as being part of an automatic data processing system if it meets all of the following conditions :
(i) It is of a kind solely or principally used in an automatic data processing system;
(ii) It is connectable to the central processing unit either directly or through one or more other units; and
(iii) It is able to accept or deliver data in a form (codes or signals) which can be used by the system.
Separately presented units of an automatic data processing machine are to be classified in heading 8471. However, keyboards, X-Y co-ordinate input devices and disk storage units which satisfy the conditions of paragraphs (C) (ii) and (C) (iii) above, are in all cases to be classified as units of heading 8471.
The applicable subheading for the touchset will be 8531.20.0020, HTSUS, which provides for "Electric sound or visual signaling apparatus…: Indicator panels…: Incorporating LCD’S." The general 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 Benjamin Peleg at (646) 733-3015.
Sincerely,
Myles B. Harmon
Acting Director
National Commodity Specialist Division