The tariff classification of the Scan-Sea from Spain.

N069761 August 20, 2009 CLA-2-84:OT:RR:E:NC:1:120 CATEGORY: Classification TARIFF NO.: 8471.80.9000 Mr. Bernd Rehme Florida BeachFun Service and Marketing Inc. 2234 16th Avenue North St. Petersburg, FL 33713 RE: The tariff classification of the Scan-Sea from Spain. Dear Mr. Rehme: In your letter dated July 23, 2009, you requested a tariff classification ruling. The merchandise under consideration is described as the Scan-Sea. It consists of a Professional Diagnostic System (PDS) unit, a Key Programmer System (KPS) unit, cables, and software, packaged together in a case for retail sale. The Scan-Sea is designed to access various data stored in the onboard computer of a jet ski personal watercraft, and transmit that data to an automatic data processing (ADP) machine (i.e., a personal computer). It is not performing a diagnostic function. Once the Scan-Sea PDS is connected to a personal computer and a jet ski using the included cables, it is able to retrieve information stored in the electronic control unit (ECU) of the jet ski, including vehicle data such as the manufacturer name, ECU number, serial number, model number, vehicle identification (VIN) number, and last service; service data including total hours, hours since last service, date of last service, and service hours reset; live data such as engine temperature, exhaust temperature, and throttle opening; and the voltage of components including actuators, fuel injectors, air injectors, buzzer, battery, VTS, fuel pump, exhaust valve, blow by valve, oil, temperature, and bilge pump. Those results are then transmitted to the computer. The Scan-Sea is able to access fault codes, and is capable of resetting those fault codes. When the KPS is attached, the Scan-Sea can program the lanyards of “Sea-Doo” brand jet skis to recognize the engine with which it will work. The lanyards are an electronic key without which the “Sea-Doo” jet ski engines will not start, and each lanyard is specific to a particular engine. The Scan-Sea meets the requirements of Note 5(C) to Chapter 84, Harmonized Tariff Schedule of the United States (HTSUS). It is solely or principally used with an ADP system; it is connectable to the central processing unit directly; and is able to accept or deliver data in a form which can be used by the system. Additionally, the PDS, KPS, cables and software are packaged together and meet the definition of “goods put up in sets for retail sale.” As per GRI 3(b), classification is determined by the component, or components taken together, which confer on the set as a whole its essential character. The PDS clearly provides the essential character of the set. The applicable subheading for the Scan-Sea will be 8471.80.9000, HTSUS, which provides for Automatic data processing machines and units thereof…: Other units of automatic data processing machines: Other: Other. The rate of duty will be Free. 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 World Wide Web at http://www.usitc.gov/tata/hts/. 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 Denise Faingar at (646) 733-3010. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division