The tariff classification of an Automated Train Control System from Japan

N125107 October 6, 2010 CLA-2-85:OT:RR:NC:N1:112 CATEGORY: Classification TARIFF NO.: 8530.10.0000 Damarys C. Perez Licensed Customs Broker Nippon Express USA, Inc. 2900 NW 112 Avenue, Suite 2 Doral, FL 33172 RE: The tariff classification of an Automated Train Control System from Japan Dear Ms. Perez: In your letter dated September 27, 2010, you requested a tariff classification ruling. The item concerned is referred to as an Automated Train Control System (ATC). This system encompasses three major subsystems, the Automatic Train Protection (ATP) subsystem, the Automatic Train Operation (ATO) subsystem and the Automatic Train Supervision (ATS) subsystem. The ATC system automatically regulates the movement of all trains, except those temporarily under on-board manual control. The ATC system controls train separation, routing, speed, precision stopping, traffic direction, door operation, acceleration, jerk, velocity envelope, safety interlocks, and on-board automatic announcements. The ATP subsystem provides the train detection, switch interlocking and over speed protection in order to prevent train collisions. The ATO subsystem controls the train speed under the ATP signals, and also controls acceleration, deceleration and jerk, station stops, dwell times and door operation. The ATS subsystem provides system supervision including automatic routing, management data acquisition and reporting. The overall function/use of the ATC system is that of a train protection system for railways which ensures the safe and smooth operation of all trains on an ATC-enabled line. The applicable subheading for the Automated Train Control System (ATC) will be 8530.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical signaling, safety or traffic control equipment for railways…: Equipment for railways, street lines or subways”. 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 Steven Pollichino at (646) 733-3008. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division