CLA-2-85:OT:RR:NC:N2:212
Mathew J. Turner
Grabba
28 Container Street,
Tingalpa, 4173
Australia
RE: The tariff classification of a biometric scanner from Australia
Dear Mr. Turner:
In your letter dated October 26, 2022, you requested a tariff classification ruling.
The merchandise under consideration is identified as the Grabba X-Series, which is described as a biometric scanning device. The subject scanning device is comprised of a fingerprint reader, passport reader, facial recognition scanner, barcode reader, RFID and Smart Card reader within a rugged enclosure. The device further incorporates a USB connector that is designed to connect the device to a compatible Android smartphone. You state that the device is designed to be used in various industries such as law enforcement, retail, security, border protection, emergency response services, travel, and warehousing to capture biometric and biographic data.
In use, the scanning device is physically mounted and connected to a smartphone through the USB port. Once the smartphone is docked into the scanner, the user can begin capturing different types of data such as passports, a biometric fingerprint, barcodes, magnetic strips, or other types of scannable identification data. The scanned data is populated on the smartphone where the user can view the information.
In your request, you suggest that the Grabba X-Series is classified within subheading 8471.90.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Automatic data processing machines and units thereof; magnetic or optical readers, machines for transcribing data onto data media in coded form and machines for processing such data, not elsewhere specified or included: Other”. We disagree.
For a machine to be classified as a unit of ADP, the merchandise must meet the terms as specified in Legal Note 6 (C) of Chapter 84, HTSUS. In this regard, Note 6 (C) to Chapter 84 defines the term “data processing units” for the purposes of heading 8471 as follows:
It is of a kind solely or principally used in an automatic data processing system;
It is connectable to the central processing unit either directly or through one or more other units; and
It is able to accept or deliver data in a form (code or signals) that can be used by the system.
We would note that the Grabba X-Series is not principally used in an ADP system, nor is it connectable to the central processing unit directly or through one or more other ADP units. The Grabba X-Series is mounted to an Android smartphone for the purpose of collecting data from a scanned passport, a biometric fingerprint, or one of the other collection technologies employed by the device. As the Grabba X-Series fails to satisfy the prerequisites of Note 6 (C) to Chapter 84, subheading 8471.90.0000, HTSUS, is not appropriate.
The applicable subheading for the Grabba X-Series will be 8543.70.9860, HTSUS, which provides for “Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and apparatus: Other: Other: Other: Other.” The general rate of duty will be 2.6% 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 Luke LePage at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division