HQ 0554810 - Protest No. 30046-000241 of October 23, 1986 and request for further review filed by the Law Offices of Bellsey and Baker on behalf of Mobile Data, Inc., Richmond, British Columbia, Canada - United States International Trade Commision Rulings

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HQ 554810

October 11, 1989

CLA-2 CO:R:C:G 554810 HP

CATEGORY: CLASSIFICATION

TARIFF NO.: 685.28

District Director of Customs
U.S. Customs Service
909 First Avenue
Room 2039
Seattle, WA 98174

RE: Protest No. 30046-000241 of October 23, 1986 and request for further review filed by the Law Offices of Bellsey and Baker on behalf of Mobile Data, Inc., Richmond, British Columbia, Canada

Dear Sir:

Protest and request for further review were timely filed against your liquidation of entry numbers -- and - - covering shipments of mobile data terminals, parts and peripherals.

FACTS:

The instant merchandise consists of two types of MDI model data terminals, Models 7031 and 9031, and parts thereof, imported separately, and Models 7031 and 9031 imported together with mobile radio transmission and reception apparatus.

Model 9031

Model 9031 is a Z80 microprocessor-based mobile terminal,
9.9 x 10.6 x 7.9 inches, 7.7 pounds. It features a 40 kilobytes (KB) Read Only Memory (ROM), a 20 KB Random Access Memory (RAM), a full alpha-numeric keyboard, a panel consisting of twelve programmable function (PF) keys, a 320 character, five inch diagonal alpha-numeric/graphic cathode ray tube (CRT) amber display, and an integral 4800 bits per second (BPS) modem enabling the 9031 to communicate with a separate central computer. The 9031 is designed for use in police, fire, ambulance and other public safety applications, courier pick-up and delivery services, electric and gas utilities, and materials handling. The
9031 can be configured both for use in different types of systems , and for individual uses within a single system. This configuration can include the use of user-specified messages, up to sixteen fill- in forms, and programs to establish operational and message priorities. The 9031 allows the user direct access to the central computer, both for input and output. The importer claims that the
9031 performs in its off-line status over 90% of the time, entering messages, reports and information for later output to the central computer.

Model 7031

Model 7031 is a less diverse Z80 microprocessor-based mobile terminal, 2.6 x 11.4 x 5.5 inches, 2.75 pounds, designed primarily for use as part of an automated taxi dispatch system. It contains 16 KB RAM, 40 KB ROM, a two-line by 40 characters backlit non-reflective LCD display protected by a Lucite| window, and a 24 key input panel. It incorporates a 4800 BPS modem to allow the user to communicate with, upload information to, and secure information from, the main database.

Similar to the 9031, the 7031 can be configured both for standard communications, and for certain types of messages. Due to its small size, however, use of the 7031 is essentially limited to established, pre-defined procedures.

Models 9031 & 7031

Each model requires the central computer and database to operate as part of an overall information system. The information produced by the system includes specific messages between the remote terminals and the central database, and detailed manage ment reports based upon the performance of the system components.

Both models require either an external mobile radio transmis sion and reception apparatus, or a wire link (radio link usage predominates), in order to communicate with the central processing unit. If the systems have an existing mobile radio setup, only the terminal will be installed in the vehicle, with an interface from the terminal's modem output into the existing radio. Alternative ly, the terminals are sold as part of a complete system, imported with radios already containing the necessary interface components .

When the radios and terminals are imported together, they will be physically separate devices. They may be designed, however, to attach to a common mounting unit via electric cables.

ISSUE:

Whether the mobile data terminals (MDTs) are classifiable as other data processing machines under Item 676.15, other machines under Item 678.50, or radio transmission and reception apparatus under Item 685.28, under the Tariff Schedules of the Unites States
LAW AND ANALYSIS:

The doctrine of use, wherein classification under a use provision prevails over a more general provision, "is a convenient rule of thumb for resolving issues where the competing provisions are otherwise in balance." United States v. Electrolux Corp., 46 C.C.P.A. (Customs) 143, C.A.D. 718 (1959). Where use is a consideration in the construction of a tariff provision, what is contemplated is chief use. Novelty Import Co., Inc. v. United States, 54 Cust. Ct. 43, C.D. 2506 (1965). Even if such use is not exclusive, occasional divergent use would not remove the article from classification under the specific provision covering it in its primary use. See Vandiver v. United States, 1 C.C.A. 194, T.D. 31219 (1911).

As we described above, the MDTs are chiefly, if not solely, used in mobile radio-telephonic communications systems. The importer's advertisements even state that

[w]e've designed a portable communications device that can bring computer data to a business person high in an office tower, or just walking down the street. * * * Real- time, wireless data communications is what we're all about. [Emphasis added.]

Any data processing functions performed by the MDTs are merely an aid to efficient communications. See HQ 075992 JGB of December
26, 1985 (addition of function does not alter principal function of device, nor is additional function integral to sending/ receiving function of device).

HOLDING:

As a result of the foregoing, the MDTs and their parts are classifiable under Item 685.28, TSUS, as radiotelegraphic and radiotelephonic transmission and reception apparatus, etc., radiotelegraphic and radiotelephonic transmission and reception apparatus; radiobroadcasting and television transmission apparatus, and parts thereof, other, other transmission apparatus incorporat ing reception apparatus, other, other. You should DENY this protest in full. A copy of this decision should be forwarded to the law firm of Bellsey & Baker.

Sincerely,

John Durant, Director
Commercial Rulings Division

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