Computer Interface; Heart Rate Monitors; Pulsemeters; Speedometers; Cardiotachometers; Hemotachometers; Input Units; Automatic Data Processing Machines; Download

HQ 087551 February 28, 1991 CLA-2 CO:R:C:G 087551 CMS CATEGORY: Classification TARIFF NO.: 8471.92.90 9029.90.80 Mr. Ned H. Marshak, Esq. Sharretts, Paley, Carter & Blauvelt, P.C. 67 Broad Street New York, NY 10004 RE: Computer Interface; Heart Rate Monitors; Pulsemeters; Speedometers; Cardiotachometers; Hemotachometers; Input Units; Automatic Data Processing Machines; Download Dear Mr. Marshak: Your request dated July 2, 1990, on behalf of Computer Instruments Corporation, for a classification ruling on a certain computer interface has been referred by the Regional Commissioner of Customs, New York, to Customs Headquarters for a reply. FACTS: The merchandise consists of the Polar Computer Interface Model 459-0. The product is used to input data collected by cardiotachometers and hemotachometers into personal computers. An analysis program within the interface enables graphic displays and printouts to be obtained. The product consists of the main interface unit, software, cable and modem. The interface is connected directly to personal computers by cable. The wristwatch receiver of cardiotachometer and hemotachometer systems is placed on the interface to transfer data collected by the cardiotachometers and hemotachometers to the interface for storage and computer input. The interface is entered separately from the cardiotachometers and hemotachometers. ISSUE: Is the merchandise classified in Heading 8471 as computer input units, or in Heading 9029 as parts or accessories of speedometers or tachometers? -2- LAW AND ANALYSIS: The interfaces are not entered with tachometers or speedometers. The interfaces are suitable for use principally with the tachometers or speedometers described by Heading 9029, and are described by Heading 9029 as parts or accessories of tachometers or speedometers. The interfaces are also described by Heading 8471 as input units of automatic data processing machines. The machines into which the interfaces input data are freely programmable automatic data processing machines. The interfaces are connectable to the central processing unit of personal computers and are specifically designed to input data in a certain form into the automatic data processing machines of Heading 8471. If the interfaces were entered with the tachometers and speedometers they would likely be classified with the tachometers and speedometers in Heading 9029. The Explanatory Notes to Heading 8471, p. 1298, provide: Appliances such as measuring or checking instruments adapted by the addition of devices (signal converters, for example), which enable them to be connected directly to a data processing machine...fall to be classified in their own appropriate heading. However, when the computer interfaces are entered separately from the instruments that measure heart or pulse rate, they are classified as input units in Heading 8471. The Explanatory Notes at p. 1298 identify signal converters as a type of adapter device for measuring or checking instruments. When separately presented, the Explanatory Notes at p. 1300 specifically identify signal converters as Heading 8471 units with input functions. Like the signal converters described by the Explanatory Notes, the interfaces under consideration adapt instruments (e.g., cardiotachometers), for the purpose of inputting the data collected by the instruments into automatic data processing machines. Chapter 90 Note 2(a) provides in part that parts and accessories of Chapter 90 instruments, which parts and accessories are goods included in any of the headings of Chapter 84, are in all cases to be classified in their respective headings. The computer interfaces are units included in Heading 8471. Pursuant to Chapter 90 Note 2(a), the interfaces are classified in Heading 8471, not in Heading 9029. -3- The Polar Interface Model 459-0 is classified as other input units of data processing machines, in 8471.92.90, HTSUSA. HOLDING: The Polar Interface Model 459-0 is classified as other input units of data processing machines, in 8471.92.90, HTSUSA. Sincerely, John Durant, Director Commercial Rulings Division