CLA-2-90:OT:RR:NC:N1:105
Marc Romano
Husky Injection Molding Systems, Inc.
132 Cayuga Road, Suite 2B
Cheektowaga, NY 14225
RE: The tariff classification of the DAQ-800 Data Acquisition Unit from Canada
Dear Mr. Romano:
In your letter dated October 12, 2018, you requested a tariff classification ruling.
The product at issue is identified as the DAQ-800 Data Acquisition Unit (part no. 4945846 DAQ-800). The DAQ-800 is said to be a component of the Shotscope NX system, a proprietary process and production monitoring system intended for use in certain manufacturing environments. Shotscope NX is described as a largely software-based system that provides real-time production monitoring and analysis in a plant environment. The DAQ-800 contributes to this function by collecting signals from measuring devices installed in industrial machinery in the plant and converting these signals into readable data that is in turn relayed to a computer or other peripheral device loaded with the Shotscope NX software. The sensors from which the DAQ-800 receives signals measure variables such as pressure, temperature, position, and the like.
Based on the information provided, the DAQ-800 performs no measurements or analyses itself, nor does it serve to control any of the plant equipment to which it is connected. Instead, the DAQ-800 receives the analog signals that the measurement equipment in the plant equipment transmits and converts it to digital data that can be displayed by the Shotscope program. In this respect, the DAQ-800 serves a function similar to that of the data recorders described in Headquarters Ruling Letter (HRL) H112722, dated September 30, 2010. The data recorders in that ruling received electrical signals from sensors incorporated into industrial machinery and translated said signals into readable data that provided information on the operating status of the equipment. HRL H112722 found that the data recorders served as checking instruments of heading 9031, and classified them accordingly.
The applicable subheading for the DAQ-800 Data Acquisition Unit will be 9031.80.8085, 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; profile projectors; parts and accessories thereof: Other instruments, appliances and machines: Other: Other. The rate of duty will be 0.8% 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 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 Evan Conceicao at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division