The tariff classification of an ActivBoard from China

N080113 November 10, 2009 CLA-2-84:OT:RR:NC:1:120 CATEGORY: Classification TARIFF NO.: 8471.60.9050 Ms. Pam Brown Future Forwarding Company 5356 Georgia Highway 85 Suite 400 Forest Park, GA 30297 RE: The tariff classification of an ActivBoard from China Dear Ms. Brown: In your letter dated September 25, 2009 you requested a tariff classification ruling on behalf of Promethean, Incorporated. The merchandise under consideration includes the Activboard, ActivVote, ActivWand, and ActivSlate. The items interface together so students and teachers can electronically communicate in a classroom environment. The ActivBoard is an interactive whiteboard, electronically and digitally controlled by a Personal Computer (PC). After importation, it will be mounted below a short-throw, widescreen projector that is the interactive display controlled by a cordless pen, which acts as a writing tool and a mouse. The board is the main interface between the projector and the host PC. The imported board is a populated printed circuit board that has an X-Y grid pattern. The grid recognizes the input signal from the pen, tracks the pen movement and receives input signals, which it controls and converts into a digital form so that the computer can understand and process. Software which is loaded on the host PC allows the digitizer board to communicate with the host PC. The board technology is driven digitally, using a passive electromagnetic interface encased behind robust melamine for technical durability. It will only work when connected to a computer via USB cable or wirelessly through the ActivHub 2.4 GhZ plugged into the board, and can be networked as part of the overall solution. The board design features integrated speakers. The board is imported in four sizes (64 inches, 78 inches, 87 inches and 95 inches). It features a height adjustable mount, which offers 2 inches of vertical movement. The board is a digitizer that enables students to enter data signals into a PC to participate in classroom lessons.  It is connectable to the central processing unit (CPU) either directly or through one or more other units; and it is able to accept or deliver data in a form which can be used by the PC.  It meets Note 5 C to Chapter 84; and is classified under 8471.60.1050, HTSUS, as an automatic data processing input or output unit, whether or not containing storage in the same housing: combined input/output units: other.  In order to be classified as a unit of an ADP machine, an article is subject to the terms of Note 5(C) to Chapter 84, HTSUS, which provides as follows:   (C) Subject to paragraphs (D) and (E) below, a unit is to be regarded as being part of an automatic data processing system if it meets all of the following conditions: (i) It is of a kind solely or principally used in an automatic data processing system; (ii) It is connectable to the central processing unit either directly or though one or more other units; and (iii) It is able to accept or deliver data in a form (codes or signals) which can be used by the system. However, keyboards, X-Y coordinate input devices and disk storage units which satisfy the conditions of paragraphs (C)(ii) and (C)(iii) above, are in all cases to be classified as units of heading 8471.The EN to heading 8471, HTSUS, provides the following, in relevant part: (5) X-Y co-ordinate input devices, which are units for inputting position data into automatic data processing machines.  These devices include the mouse, the light pen, the joystick, the track ball and the touch-sensitive screen.  Their common attribute is that their input consists of, or is interpreted as, data indicating position relative to some fixed point.  Their common usage is to control the position of the cursor on the display unit, as a replacement for or a complement to the cursor keys on the keyboard.  This category also covers graphic tablets, which are X-Y co-ordinate input devices making it possible to capture and trace the co-ordinates of a curve or any other geometrical form.  This apparatus is generally composed of a rectangular board with an active sensing surface, a pointer or pen used to create drawings or data, and a zoom linked to a cross-piece, making it possible to input data. The ActivBoard meets the criteria in Note 5(C)(ii) and (C)(iii) as it is connectable to a CPU via USB cable and accepts or delivers data through an electromagnetic signal. It is an X-Y coordinate input device and consists of a rectangular board controlled by a pen used to create drawings or data, making it possible to input data into an automatic data processing machine. Upon importation, the ActivBoard does not have an output device. It is further covered as a digitizer, which functions similar to a graphic tablet, as described by the Explanatory Notes for X-Y coordinate input devices of Heading 8471. Your inquiry does not provide enough information for us to give a classification ruling on ActivVote, ActivWand or ActivSlate. Your request for a classification ruling should include an operator’s manual and detailed literature describing each item and how it functions. Does the ActivVote have light emitting diodes or an indicator panel that lights up when it receives signals from the computer? What type of information is stored in each intuitive button? Does the device have memory? If so, what kind and how much? Does the device have storage? If so, what kind, e.g.: flash? Are the buttons similar to programmable keys that can be programmed via computer software? What type of signals do the buttons transmit? Do they transmit a signal the computer recognizes? Are they transmitting and receiving data signals directly to and from a computer or do they just transmit? Can they communicate with a machine or device other than a computer? If so, please explain. How do they wirelessly connect to the central processing unit of a PC, i.e.: radio frequency? Does the device work with a driver installed in a PC, similar to one installed for a keyboard? Does the ActivWand have a trackball like a mouse? Does it connect to the CPU of a PC directly or though one or more other units? Is it able to accept or deliver data in a form (codes or signals) which can be used by the computer? Does it send signals the computer recognizes? Does the wand input data in a specific position located on the X-Y grid of the ActiveBoard?  Does it use laser diodes to communicate with the board? How does it communicate with the board? How does the wand’s signal register with the board? Are drivers installed in the computer to recognize the wand? Does it function like a keyboard, mouse or stylus? Of what type of material is it made? What is on its tip? Is the wand battery-free? How is it powered? What are the components inside the wand? Are they passive or active components? Does the wand have a magnet? Is the ActivSlate a digitizer or tablet that meets Note 5D to Ch. 84, HTSUS? Is it an absolute tracking mouse? Does the Slate allow the user to point and click on the projector to an absolute location displayed on the projector? Does it give the user an exact inter-active response to the movement and inputs that are needed to work on the PC? How is it different from the ActivBoard? Does it have an LCD over an X-Y grid? Does it need a computer to function? Can it transmit and communicate with a device other than a computer? From which country are the ActivVote, ActivWand, and ActivSlate imported? When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you. The applicable subheading for the ActivBoard will be 8471.60.9050, 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: Input or output units, whether or not containing storage units in the same housing: Other: 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