The tariff classification of a thermal imaging sensor module

N260445 January 23, 2015 CLA-2-85:OT:RR:NC:N1:109 CATEGORY: Classification TARIFF NO.: 8517.62.0050 William J. Kubitskey Sandler and Travis Trade Advisory Services 36555 Corporate Drive Suite 400 Farmington Hills, MI 48331 RE: The tariff classification of a thermal imaging sensor module Dear Mr. Kubitskey: In your letter dated December 26, 2014, you requested a tariff classification ruling. The item concerned is referred to as a Second Generation Detective Assembly (SGDA), part # 3220003-2. This device is a thermal imaging sensor module that can be used with a variety of end items such as night vision and thermal sights used on tanks. The major components of the SGDA module are a Focal Plane Array (FPA), a cryogenic cooler and command/control electronics. The FPA is a photovoltaic detector array made from mercury cadmium telluride which is combined with a Read-Out Integrated Circuit (ROIC). The array reacts to infrared energy by producing electrical energy. The ROIC multiplexes that output into electrical data. The FPA produces four video signal outputs that are used to create an image. The cryogenic cooler consists of a helium compressor and a regenerator. It is used to keep the FPA at 77 Kelvin, which is necessary to reduce electrical noise. The command/control electronics consist of a single circuit with multiple functions, including providing digital to analog data to the FPA, providing gain and offset circuitry for the four video signals and processing the FPA signals into a video image. The SGDA module is integrated into a system using two RS-422 timing signals, one RS-422 hand-shake signal, four power forms and four video outputs. You have proposed classification of this item within heading 8541, HTSUS, which provides for “Diodes, transistors and similar semiconductor devices; photosensitive semiconductor devices, including photovoltaic cells..: light emitting diodes; mounted piezoelectric crystals; parts thereof.” Based upon the variety of separate and distinct components that make up this module it is CBP’s position that the item concerned is beyond the terms of heading 8541, the SGDA module performs functions which are beyond the scope of and which are not described in heading 8541. (See HQ 962957 and HQ 965099). The applicable subheading for the Second Generation Detective Assembly (SGDA), part # 3220003-2 will be 8517.62.0050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Telephones sets…; other apparatus for the transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network…: Other apparatus for transmission or reception of voice, images, or other data…: Machines for the reception, conversion and transmission or regeneration of voice, images or other data…: 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 Steven Pollichino at steven.pollichino@cbp.dhs.gov. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division