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HQ 953154




March 29, 1993

CLA-2 CO:R:C:M 953154 MBR

CATEGORY: CLASSIFICATION

TARIFF NO.: 8531.90.00

District Director
U.S. Customs Service
111 West Huron St.
Buffalo, New York 14202

RE: Protest No. 0901-9X-XXXXXX; Harman Security; Glassbreak Detector; Motion Detector; Alarm System Components; Parts; Visual Signaling Apparatus

Dear Sir:

This is our response to Protest and request for Further Review number 0901-9X-XXXXXX, dated September 18, 1992, regarding the classification of "Motion Detectors" and "Glassbreak Detectors" for alarm systems, under the Harmonized Tariff Schedule of the United States (HTSUS).

FACTS:

The "Glassbreak Detectors" and the "Motion Detectors" were classified by the port of Buffalo, New York, under subheading 8531.80.00, HTSUS, which provides for: "[e]lectric sound or visual signaling apparatus...: [o]ther apparatus." Whereas, the protestant claims that the instant merchandise is properly classifiable under subheading 8531.90.00, HTSUS, which provides for: "[e]lectric sound or visual signaling apparatus...: [p]arts."

The submitted descriptive information states that all imported models of the motion detectors serve as part of an overall burglar alarm system by detecting motion in a particular room or zone. If motion is detected or if the closed loop wire circuit connecting the detector to the burglar alarm system's separate control unit is cut, the circuit is opened. The control unit, which constantly monitors this circuit, then initiates an alarm (a) to persons in the premises through the indicator panel or siren, and (b) to a remote monitoring system through the digital communicator built into the control unit.

DSC and Harman import four versions of motion detectors. Their DI-50 and SG-IR1 models are passive infrared motion detectors. DSC and Harman also import an updated series of passive infrared motion detectors called the Bravo Series. All models of the Bravo series utilize passive infrared technology to detect motion in a protected zone. Model F2-100 is a combination passive infrared and microwave motion detector. Both sensors must be tripped at the same time before an alarm is registered. The motion detectors do not contain any independent sound or visual signalling capability during normal operation.

DSC and Harman also import a DG-50 model glassbreak detector. The DG-50 is a passive detector designed to listen for the specific sonic frequencies associated with breaking glass. Both types of passive detectors are monitored by the separate control unit and when a hazard is detected, the control unit initiates an alarm through the various sound and visual signaling devices attached to the control unit.

ISSUE:

What are the classifications of "Glassbreak Detectors" and "Motion Detectors" for alarm systems, under the Harmonized Tariff Schedule of the United States (HTSUS)?

LAW AND ANALYSIS:

The General Rules of Interpretation (GRI's) to the HTSUS govern the classification of goods in the tariff schedule. GRI 1 states, in pertinent part:

...classification shall be determined according to the terms of the headings and any relative section or chapter notes....

HQ 088891, dated June 21, 1991, determined that bulk shipments of the instant merchandise "would not be considered to have the essential character of a complete home alarm system, because they are apparently nothing more than disparate components shipped in bulk form." Furthermore, HQ 088891 held that "[i]f the 'upgrade kits' (consisting of up to 8 Alphanumeric HSPs and Alphanumeric Adapter Boards) are goods put up in sets for retail sale, they are determined to have the essential character of the Alphanumeric HSPs."

HQ 088595, I/A 4/91, dated September 12, 1991, held that a "control panel" printed circuit board without the keypad, was classifiable under subheading 8531.90.00, HTSUS, which provides for: "[e]lectrical sound or visual signaling apparatus (for example, bells, sirens, indicator panels, burglar or fire alarms), other than those of heading 8512 or 8530; parts thereof: [p]arts."

HQ 950440, dated January 7, 1992, held that the control panel boards for systems 1500, 1500e MOD II, 2000e, and 6000 were similarly classifiable under subheading 8531.90.00, HTSUS.

HQ 950440 also held that infrared detectors, incorporating RF transmitters, are composite machines. The principal function is determined to be that of detection for an alarm system. Therefore, pursuant to Section XVI, Legal Note 3, the infrared detectors incorporating RF transmitters are classifiable in subheading 8531.90.00, HTSUS.

The instant motion detectors and glassbreak detectors are not merely apparatus classifiable in heading 8537, HTSUS, which provides for: "[b]oards, panels (including numerical control panels), consoles, desks, cabinets and other bases, equipped with two or more apparatus of heading 8535 or 8536, for electric control or the distribution of electricity, including those incorporating instruments or apparatus of chapter 90, other than switching apparatus of heading 8517." These units are complete alarm system components incorporating infrared and, in the F2-100 model, microwave motion detectors, an LED for testing, a tamper switch, and a switching mechanism to open the circuit when motion is detected. As such, they do not fall within the limited scope of heading 8537, HTSUS.

However, NY 847616 dated December 13, 1989, held that model DG-50 Glassbreak Detectors were classifiable in subheading 8531.80.00, HTSUS, which provides for: "[e]lectric sound or visual signaling apparatus...: [o]ther apparatus." Thus, it has been argued that the instant glassbreak detectors are functional items, having built-in alarms, and do not depend on an outside source to become functional. However, the glassbreak detectors do not, in fact, contain any independent sound or visual signaling capability during normal operation.

The instant motion detectors also do not contain any independent sound or visual signalling capability during normal operation (they do contain an LED which is used only for calibration during setup). In fact, it is the control unit that initiates an alarm through the various sound and visual signaling devices attached to the control unit. Therefore the instant motion detectors are classifiable in subheading 8531.90.00, HTSUS, which provides for: "[e]lectrical sound or visual signaling apparatus (for example, bells, sirens, indicator panels, burglar or fire alarms), other than those of heading 8512 or 8530; parts thereof:

The Glassbreak detector is a passive detector designed to listen for the specific sonic frequencies associated with breaking glass. Both types of passive detectors are monitored by the separate control unit and when a hazard is detected, the control unit initiates an alarm through the various sound and visual
signaling devices attached to the control unit. Again, the DSC's Glassbreak detector does not contain any sound or visual signaling capability that is utilized during operation. It does contain an LED which is used exclusively to test the unit during installation.

Therefore the instant Glassbreak detectors are classifiable in subheading 8531.90.00, HTSUS, which provides for: "[e]lectrical sound or visual signaling apparatus (for example, bells, sirens, indicator panels, burglar or fire alarms), other than those of heading 8512 or 8530; parts thereof: [p]arts."

It has also been argued that the only components of alarm systems that relate to heading 8531, HTSUS, are the "alarms" themselves. We disagree with limiting the scope of heading 8531, HTSUS, to such a Draconian degree. Clearly the term "Burglar or fire alarms" is intended to include systems consisting of different components, thereby encompassing parts of those systems under the parts provision.

HOLDING:

DSC and Harman import four versions of motion detectors. The DI-50 and SG-IR1 models are passive infrared motion detectors. DSC and Harman also import an updated series of passive infrared motion detectors called the Bravo Series. All models of the Bravo series utilize passive infrared technology to detect motion in a protected zone. The DSC and Harman motion detectors are classifiable in subheading 8531.90.00, HTSUS, which provides for: "[e]lectrical sound or visual signaling apparatus (for example, bells, sirens, indicator panels, burglar or fire alarms), other than those of heading 8512 or 8530; parts thereof: [p]arts."

The DSC and Harman DG-50 Glassbreak detectors are classifiable in subheading 8531.90.00, HTSUS, which provides for: "[e]lectrical sound or visual signaling apparatus (for example, bells, sirens, indicator panels, burglar or fire alarms), other than those of heading 8512 or 8530; parts thereof: [p]arts."

The protest should be allowed in full. A copy of this decision should be attached to the Customs Form 19 and provided to the protestant as part of the notice of action on the protest.

EFFECT ON OTHER RULINGS:

For the reasons stated above, NY 847616, dated December 13, 1989, is revoked under authority of section 177.9(d), Customs

Regulations, to reflect that the DG-50 "Glassbreak Detector" is properly classifiable under subheading 8531.90.00, HTSUS.

Sincerely,

John Durant, Director

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