Revocation of NY 847616; Glassbreak Detector; Alarm System Component; Parts; Electrical Sound or Visual Signaling Apparatus

HQ 953608 March 29, 1993 CLA-2 CO:R:C:M 953608 MBR CATEGORY: Classification TARIFF NO.: 8531.90.00 Ms. Deborah V. Clune PBB USA Inc. 434 Delaware Ave. Buffalo, N.Y. 14202 RE: Revocation of NY 847616; Glassbreak Detector; Alarm System Component; Parts; Electrical Sound or Visual Signaling Apparatus Dear Ms. Clune: This is in reference to NY 847616, issued to you on December 13, 1989, regarding the classification of the DG-50 "Glassbreak Detector" for an alarm system, under the Harmonized Tariff Schedule of the United States (HTSUS). We have found it necessary to reconsider, and consequently, revoke that decision. Our analysis follows. FACTS: NY 847616, dated December 13, 1989, held that the DG-50 "Glassbreak Detector" was classifiable under subheading 8531.80.00, HTSUS, which provides for: "[e]lectric sound or visual signaling apparatus...: [o]ther apparatus." The general rate of duty for that provision is 2.7 percent ad valorem. The DG-50 is a passive detector designed to listen for the specific sonic frequencies associated with breaking glass. It is monitored by a separate control unit and when a hazard is detected, the control unit initiates an alarm through the various sound and visual signaling devices attached to the control unit. ISSUE: What is the classification of the DG-50 "Glassbreak Detector" component part for alarm systems, under the Harmonized Tariff Schedule of the United States (HTSUS)? -2- LAW AND ANALYSIS: The General Rules of Interpretation (GRI's) to the HTSUS govern the classification of goods in the tariff schedule. GRI 1 states, in pertinent part: ...classification shall be determined according to the terms of the headings and any relative section or chapter notes.... The DG-50 Glassbreak Detector is manufactured by DSC and Harman. We have previously ruled on a number of components and system configurations for DSC and Harman. HQ 088891, dated June 21, 1991, determined that bulk shipments of alarm system components "would not be considered to have the essential character of a complete home alarm system, because they are apparently nothing more than disparate components shipped in bulk form." Furthermore, HQ 088891 held that "[i]f the 'upgrade kits' (consisting of up to 8 Alphanumeric HSPs and Alphanumeric Adapter Boards) are goods put up in sets for retail sale, they are determined to have the essential character of the Alphanumeric HSPs." HQ 088595, I/A 4/91, dated September 12, 1991, held that a "control panel" printed circuit board without the keypad, was classifiable under subheading 8531.90.00, HTSUS, which provides for: "[e]lectrical sound or visual signaling apparatus (for example, bells, sirens, indicator panels, burglar or fire alarms), other than those of heading 8512 or 8530; parts thereof: [p]arts." HQ 950440, dated January 7, 1992, held that the control panel boards for systems 1500, 1500e MOD II, 2000e, and 6000 were similarly classifiable under subheading 8531.90.00, HTSUS. HQ 950440 also held that infrared detectors, incorporating RF transmitters, are composite machines. The principal function is determined to be that of detection for an alarm system. Therefore, pursuant to Section XVI, Legal Note 3, the infrared detectors incorporating RF transmitters are classifiable in subheading 8531.90.00, HTSUS. The instant glassbreak detectors are not merely apparatus classifiable in heading 8537, HTSUS, which provides for: "[b]oards, panels (including numerical control panels), consoles, desks, cabinets and other bases, equipped with two or more apparatus of heading 8535 or 8536, for electric control or the distribution of electricity, including those incorporating instruments or apparatus of chapter 90, other than switching apparatus of heading 8517." These units are complete alarm system components. As such, they do not fall within the limited scope of heading 8537, HTSUS. -3- However, NY 847616 dated December 13, 1989, held that model DG-50 Glassbreak Detectors were classifiable in subheading 8531.80.00, HTSUS, which provides for: "[e]lectric sound or visual signaling apparatus...: [o]ther apparatus." Thus, it has been argued that the instant glassbreak detectors are functional items, having built-in alarms, and do not depend on an outside source to become functional electric sound or visual signaling apparatus. However, the glassbreak detectors do not, in fact, contain any independent sound or visual signaling capability during normal operation. The Glassbreak detector is a passive detector designed to listen for the specific sonic frequencies associated with breaking glass. It is monitored by the separate control unit and when a hazard is detected, the control unit initiates an alarm through the various sound and visual signaling devices attached to the control unit. Again, DSC's Glassbreak detector does not contain any sound or visual signaling capability that is utilized during operation. However, it does contain an LED which is used exclusively to test the unit during installation. Therefore, the instant Glassbreak detectors are classifiable in subheading 8531.90.00, HTSUS, which provides for: "[e]lectrical sound or visual signaling apparatus (for example, bells, sirens, indicator panels, burglar or fire alarms), other than those of heading 8512 or 8530; parts thereof: [p]arts." It has also been argued that the only components of alarm systems that relate to heading 8531, HTSUS, are the "alarms" themselves. We disagree with limiting the scope of heading 8531, HTSUS, to such a Draconian degree. Clearly the term "Burglar or fire alarms" is intended to include systems consisting of different components, thereby encompassing parts of those systems under the parts provision. HOLDING: The DSC and Harman DG-50 Glassbreak detectors are classifiable in subheading 8531.90.00, HTSUS, which provides for: "[e]lectrical sound or visual signaling apparatus (for example, bells, sirens, indicator panels, burglar or fire alarms), other than those of heading 8512 or 8530; parts thereof: [p]arts." The rate of duty is 2.7 percent ad valorem. EFFECT ON OTHER RULINGS: For the reasons stated above, NY 847616, dated December 13, 1989, is revoked under authority of section 177.9(d), Customs -4- Regulations, to reflect that the DG-50 "Glassbreak Detector" is properly classifiable under subheading 8531.90.00, HTSUS. Sincerely, John Durant, Director