CLA-2-:OT:RR:NC:N4:414
RE: The tariff classification of the EyeDetect System
Mr. Donald Sanborn
Converus, Inc.
3315 Mayflower Way
Suite 2
Lehi, Utah 84043
Dear Mr. Sanborn:
In your letter dated January 3, 2014 you requested a tariff classification ruling.
The EyeDetect system consists of the eye tracker, a monitor, a CPU, a keyboard, a data locker and a USB flash drive. The EyeDetect system is used for screening job applicants to determine deception on written applications. The EyeDetect measures the subject’s ocular motor responses as a series of questions relating to their application are answered.
The eye tracker is an infrared camera with an S-mount lens with glass optical elements and IR-LED illumination. The eye tracker records gaze position (X and Y coordinates), pupil diameter and positional information. Only the numeric measurements of eye position and pupil diameter are recorded. The eye tracker does not record images. The subject is given a test on the computer while the eye tracker records the eye measurements. The computer algorithms then process this information to determine if the subject is being truthful or deceptive while answering the test questions.
According to the information provided to this office, the EyeDetect system (the eye tracker, the monitor, the CPU, the keyboard, the data locker and the USB flash drive) will be packaged together for sale at the time of importation without repacking in the United States. Customers for the system will be international banks, financial institutions and government agencies.
Classification of goods in the tariff schedule is governed by the General Rules of Interpretation (GRIs). GRI 3 (b) relates to goods put up in sets for retail sale. The EyeDetect system is considered a set for tariff classification purposes. It consists of at least two different articles which are classifiable in different headings, it is put up together to meet a particular need or carry out a specific activity and it is put up in a manner suitable for sale directly to users without repacking (e.g., in boxes or cases). Under General Rule of Interpretation 3(c), the system is classified under the last applicable tariff number that merits consideration.
The applicable subheading for the EyeDetect system will be 9031.49.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Measuring or checking instruments, appliances and machines, not specified or included elsewhere in this chapter, Other optical instruments and appliances: Other: Other. The rate of duty will be 3.5 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 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 Barbara Kiefer at (646) 733-3019.
Sincerely,
Gwenn Klein Kirschner
Acting Director
National Commodity Specialist Division