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HQ 953238


February 1, 1993

CLA-2 CO:R:C:M 953238 MBR

CATEGORY: CLASSIFICATION

TARIFF NO.: 8471.92.10

Mr. J. T. Graham
Operations Director
ABS Electronics
395 Holywood Road
Belfast BT4 2LS
N. Ireland

RE: ABS Electronics Copymanager System; Modification of HQ 086841; Data Collector; Multi-Function Machine

Dear Mr. J. T. Graham:

On July 2, 1990, we issued HQ 086841, regarding the classification of the ABS Electronics Copymanager System, under the Harmonized Tariff Schedule of the United States (HTSUS). However, HQ 952724, of this date, has modified our prior ruling (HQ 086841) with regard to the data collector unit.

FACTS:

The ABS Electronics Copymanager System is used to control certain photocopier functions and to monitor the data regarding photocopier use. The system consists of four components designated as follows; the Copymanager unit, the Datacollector unit, the Software package and the Copymanager cards.

ISSUE:

Whether the Datacollector is classifiable within subheading 8471.93.60, HTSUS, which provides for "[a]utomatic data processing machines and units thereof: [o]ther: [s]torage units...: [o]ther storage units: [o]ther," or in heading 8471.92.10, HTSUS, which provides for "[a]utomatic data processing machines and units thereof: [o]ther: [i]nput or output units, whether or not entered with the rest of a system and whether or not containing storage units in the same housing: [c]ombined input/output units?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUS is governed by the General Rules of Interpretation (GRI's). GRI 1 provides that classification is determined first in accordance with the terms of the headings of the tariff and any relative section or chapter notes.

The "Datacollector" is essentially a "data collector," similar in form and function to the merchandise addressed in HQ 952724, of this date, NY 868140, dated October 28, 1991, and NY 850978, dated April 20, 1990. These rulings held that similar data collectors were classifiable in subheading 8471.92.10, HTSUS, which provides for: "[a]utomatic data processing machines and units thereof: [o]ther: [i]nput or output units, whether or not entered with the rest of a system and whether or not containing storage units in the same housing: [c]ombined input/output units." Thus, it was determined that the essential character of such data collectors was imparted by the input/output functions. This continues to be our position regarding data collectors.

However, in HQ 086841, dated July 2, 1990, we held that a certain data collector for a photocopying system was classifiable in subheading 8471.93.60, HTSUS, which provides for ADP storage units. Therefore, it is necessary to modify HQ 086841, in order that all data collectors are consistently classifiable in subheading 8471.92.10, HTSUS, which provides for ADP input/output units.

HOLDING:

The ABS Electronics Copymanager System "Datacollector" unit is classifiable in subheading 8471.92.10, HTSUS, which provides for: "[a]utomatic data processing machines and units thereof: [o]ther: [i]nput or output units, whether or not entered with the rest of a system and whether or not containing storage units in the same housing: [c]ombined input/output units."

EFFECT ON OTHER RULINGS:

For the reasons stated above, HQ 086841, dated July 2, 1990, is modified under authority of section 177.9(d), Customs Regulations, to reflect that the "Datacollector" is properly classifiable under subheading 8471.92.10, HTSUS.

Sincerely,

John Durant, Director
Commercial Rulings Division

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