NY 0850978 - The tariff classification of a Delivery Information Access Device (DIAD) from Japan - United States International Trade Commision Rulings

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NY 850978

Apr 20 1990

CLA-2-84:S:N:N1:110 850978

CATEGORY: CLASSIFICATION

TARIFF NO.: 8471.92.1090

Mr. Larry N. McGill
UPS Customhouse Brokerage, Inc.
1930 Bishop Lane, Suite 200
Louisville, KY 40218

RE: The tariff classification of a Delivery Information Access Device (DIAD) from Japan

Dear Mr. McGill:

In your letter dated March 28, 1990, on behalf of Inforite Corp., you requested a tariff classification ruling.

The merchandise under consideration is an electronic data collection device that is used by delivery people for recording, retrieving, and downloading information that is gathered on a delivery route and then downloaded into a computer at the home location. The unit consists of a device that includes a keyboard, LCD display, a V-50 CPU, 256 KB of RAM memory, bar-code scanner, and rechargeable nickel cadmium battery.

After delivering a package, the driver will input the information on the package into the unit by either using the scanner or keyboard. The consigneee will sign his/her name onto a pressure sensitive pad located in the middle of the device. The signature will then be digitized and stored in the devices memory. At the end of the driver's day, the device will be connected to a personal computer with an optical interface, and the information transferred to the computer.

This device does not meet the definition of a digital processing machine as defined in Legal Note 5 (a) to Chapter 84 of HTS, since it is not a reprogrammable device, and cannot perform any real-time multiple task processing operations. Since this device appears to be basically an information input and output unit, and is designed to function with an automatic data processing system, we would consider it to fall under the definition of a "unit" for automatic data processing machines.

The applicable subheading for the Delivery Information Access Device will be 8471.92.1090, Harmonized Tariff Schedule of the United States (HTS), which provides for combined input/output units, whether or not entered with the rest of a system and whether or not containing storage units in the same housing. The rate of duty will be 3.7 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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