United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2002 HQ Rulings > HQ 965512 - HQ 965587 > HQ 965537

Previous Ruling Next Ruling
HQ 965537




July 24, 2002

CLA-2 RR:CR:GC 965537 RFA

CATEGORY: CLASSIFICATION

TARIFF NO.: 8537.10.90, 8543.89.96

Port Director
U.S. Customs Service
4735 Oakland Street
Denver, CO 80239

RE: Protest 3307-02-100010; VTP-531Multimedia Data Injector; Smart Switcher

Dear Port Director:

The following is our decision regarding Protest 3307-02-100010, which concerns the classification of the VTP-531 Multimedia Data Injectors and the Amethyst Smart Switcher under the Harmonized Tariff Schedule of the United States (HTSUS).

FACTS:

The subject merchandise consists of the VTP-531 Multimedia Data Injectors (MDI) and the Amethyst Smart Switcher. According to the information in the file, the VTP-531 MDI is used in a CAS (Conditional Access System) solution and enables powerful and scalable service information (DVB-SI, ATSC-SI), program information (MPEG-2 PSI) and private CAS data injection. In a typical CAS solution, it simultaneously injects several SI/PSI streams as well as multiple DSTB software streams, various data such as Open TV Interactive application streams and other data streams. It weighs 36 lbs., with a height of 5.1 inches, a width of 17.6 inches, and a depth of 19.1 inches.

The Amethyst Smart Switcher is a stand-alone 1+1 redundancy switch designed for the intelligent protection of a pair of MPEG-2 transport stream devices. It features: continuous signal monitoring and analysis for real-time switchover triggering; no synchronization loss upon switch over; dual power
supply; switching on DVB-PI ASI and M2S signals. The Smart Switcher is packaged in a 19’ compact 1U high rack, and features RS232 and RS485 interfaces for local control.

The merchandise was entered in 2001 under subheading 8471.49.10, HTSUS, as other automatic data processing (ADP) machines entered in the form of systems. The entries were liquidated on January 4 and 18, 2002, under subheading 8543.89.96, HTSUS, as electrical machines and apparatus not elsewhere specified or included for the VPT-531 multimedia data injectors, and under subheading 8537.10.90, HTSUS, as a panel equipped with two or more apparatus of heading 8535 or 8536 for the electric control or distribution of electricity, for the Smart Switchers. The protest was timely filed on March 12, 2002.

The HTSUS provisions under consideration are as follows:

8471.49.10: Automatic data processing machines and units thereof; . . . : [o]ther digital automatic data processing machines: [o]ther, entered in the form of systems: [d]igital processing units entered with the rest of a system, whether or not containing in the same housing one or two of the following types of unit: storage units, input units, output units. . . .

8537.10.90: Boards, 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, and numerical control apparatus, other than switching apparatus of heading 8517: [f]or a voltage not exceeding 1,000V: [o]ther. . . .

8543.89.96: Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter; . . . : [o]ther machines and apparatus: [o]ther: [o]ther: [o]ther: [o]ther. . . .

ISSUE:

Whether the VTP-531 Multimedia Data Injectors (MDI) and the Amethyst Smart Switcher are classifiable as other ADP machines entered in the form of systems, under the HTSUS?

LAW AND ANALYSIS:

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

Protests against decisions of the appropriate Customs officers must be in conformity with applicable statutory and regulatory requirements. Under 19 U.S.C. §1514(c)(1), a protest of a decision under subsection (a) of §1514 must set forth distinctly and specifically each decision as to which protest is made. United States v. E. H. Bailey & Co., 32 CCPA 89, C.A.D. 291 (1945); United States v. Parksmith Corp., 514 F. 2d 1052, 62 CCPA 76 (1975), and related cases. In addition, the Customs Regulations require that a protest set forth the nature of, and justification for the objection set forth distinctly and specifically with respect to each decision. 19 CFR §174.13(a)(6).

The scope of review in a protest filed under 19 U.S.C. §1514 is limited to the administrative record. Customs will consider all relevant allegations that are supported by competent evidence. In acting on a protest, however, Customs lacks the legal authority to assume facts and arguments that are not presented and, therefore, not in the official record.

In this case, protest is properly made against your decision to liquidate the entries in question under subheadings 8543.89.96 and 8537.10.90, HTSUS, as other electrical machines and apparatus, not specified or included elsewhere and as a panel equipped with two or more apparatus of heading 8535 or 8536 for the electric control or distribution of electricity, respectively. However, protestant has submitted no evidence in support of the claim that the subject merchandise meets the criteria of Legal Note 5(A) to Chapter 84 to qualify as an ADP machine of heading 8471, HTSUS, nor is there other evidence in the record from which we can independently determine the validity of the claim. Based on protestant's failure to comply with the requirements of 19 CFR §174.13(a)(6), the protest should be denied.

HOLDING:

The VTP-531 Multimedia Data Injectors (MDI) is classifiable under subheading 8543.89.96, HTSUS, which provides for: “[e]lectrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter; . . . : [o]ther
machines and apparatus: [o]ther: [o]ther: [o]ther: [o]ther. . . .” Goods classifiable under this provision have a general, column one rate of duty of 2.6 percent ad valorem.

The Amethyst Smart Switcher is classifiable under subheading 8537.10.90, HTSUS, which provides for: “[b]oards, 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, and numerical control apparatus, other than switching apparatus of heading 8517: [f]or a voltage not exceeding 1,000V: [o]ther. . . .” Goods classifiable under this provision have a general, column one rate of duty of 2.7 percent ad valorem.

The protest should be DENIED. In accordance with Section 3A(11)(b) of Customs Directive 099 3550065, dated August 4, 1993, Subject: Revised Protest Directive, you are to mail this decision, together with the Customs Form 19, to the protestant no later than 60 days from the date of this letter. Any reliquidation of the entry or entries in accordance with the decision must be accomplished prior to mailing the decision.

Sixty days from the date of the decision, the Office of Regulations and Rulings will make the decision available to Customs personnel, and to the public on the Customs Home Page on the World Wide Web at www.customs.gov, by means of the Freedom of Information Act, and other methods of public distribution.

Sincerely,

Myles B. Harmon, Acting Director
Commercial Rulings Division

Previous Ruling Next Ruling

See also: