Request for reconsideration of NY N276190; Classification of an interface device from China

HQ H294935 November 30, 2018 CLA-2:OT:RR:CTF:TCM H294935 DSR CATEGORY: Classification TARIFF NO.: 8543.70.96 Alma Arabelovic Director, RBNA/TXC Robert Bosch LLC 2800 S. 25th Avenue Broadview, IL 60155-4594 RE: Request for reconsideration of NY N276190; Classification of an interface device from China Dear Ms. Arabelovic: This letter is in reference to a request for reconsideration submitted by you on behalf of Robert Bosch LLC (“Bosch) concerning New York Ruling Letter (NY) N276190 issued July 1, 2016. That ruling concerned the classification of an interface device from China under the Harmonized Tariff Schedule of the United States (HTSUS). The ruling classified the merchandise under subheading 8543.70.96, HTSUS, which provides for "Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter: Other machines and apparatus: Other: Other: Other.” NY N276190 describes the merchandise as follows: The item concerned is an in-vehicle, human machine interface (HMI) device. It is used in automobiles and would be mounted behind the dashboard. It [is] designed for the in-vehicle information and info-tainment system. The item’s part number is 7505400213. The unit incorporates a CPU 3xARM11 (1440DMIPS); Memory: DDR3,1GB; eMMC 8GB; Display interface connectors (RGB->LVDS); Video Input interface: 1xCVBS(RVC); USB interface: 2xUSB 2.0 The supporting operation system includes: Linux OS and T-Engine kernel. Linux OS is to support the info-tainment domain, mainly for the applications like Radio, Graphics, Media-player, Speech.. The item concerned is a processor, a type of embedded mini-computer that allows the driver to interact and control in-vehicle systems. Bosch asserts that the device is a “data transmission device” with a principal use of data transmission and that the device should be classified in heading 8517, HTSUS, because that heading “encompasses electronic transmission of any type of information of one point to another.” Further, Bosch asserts that even if CBP finds that heading 8543, HTSUS, is applicable to the device, classification in that heading is not permitted because the device does not have a specific individual function within the meaning of heading 8543, and heading 8517 is the more specific heading by the terms and application of GRI 3(a). As to Bosch’s assertion that the device is a “data transmission device” with a principal use of data transmission, we note that the device is a process control unit that serves as a linking and coordinating unit of a human interface platform. As such, it provides a control function, processing function, data storage function, analysis function and a connectivity function. As a whole, the device is a composite machine with a core function of providing a controlling interface between its user and the vehicle’s system, i.e., electrically controlling and interacting with various vehicle functions such as climate control, rear seat control, interaction with the multifunction steering wheel controller, and certain external components. The device’s connectivity function is a secondary or support function. Applying Note 3 to Section XVI, HTSUS, dictates that the device remain classified in heading 8543, HTSUS, as an electrical apparatus having individual functions not specified or included elsewhere in Chapter 85, HTSUS. The device also fulfills the requirements set forth in EN 84.79 (cited by Bosch). As explained supra, if classified according to Note 3 to section XVI, HTSUS, as a composite machine, the device is not classifiable elsewhere. The device’s function is also distinct from that of the machine it is mounted onto (the vehicle) and it does not play an integral and inseparable part in the operation of the vehicle. Finally, Bosch alternatively argues that the device can be considered a part of a radio of heading 8525, HTSUS, and therefore be classified in heading 8517, HTSUS, by application of Note 2(b) to Section XVI, HTSUS. We again note that the device’s principal function is to act as a controlling interface for a plethora of vehicle systems that are distinct from the vehicle’s radio. Based upon the above, we are denying this reconsideration request and affirming NY N276190. Sincerely, Myles B. Harmon, Director Commercial and Trade Facilitation Division