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NY J88607




September 22, 2003

CLA-2-84:RR:NC:1:110 J88607

CATEGORY: CLASSIFICATION

TARIFF NO.: 8471.80.4000; 8471.80.9000; 8529.10.4040; 9105.91.40

Mr. Jeffrey W. McDonald
Jtime! Meinberg USA
8868 Lakewood Drive, #225
Windsor, CA 95492

RE: The tariff classification of time and frequency equipment from Germany

Dear Mr. McDonald:

In your letter dated August 28, 2003, you requested a tariff classification ruling. Descriptive literature and information was submitted with your request. In a teleconference with you on September 5, 2003 additional information and clarification was provided.

The merchandise under consideration used radio signals received from Global Positioning System satellites to provide extremely accurate time information. The GPS167 series are GPS Satellite Timing Receivers. There are currently three models that differ according to their housings. The GPS167 has an aluminum case for rack mounting that measures 112mm high by 102mm wide. The GPS167TGP is in a desktop case. The GPS167BGT is in a 19” HF modular case for rack mounting. This series is usually imported as a complete system. The housing contains the satellite receiver and power supply. They are imported with an antenna/converter unit. The GPS168PCI has the same function as the above satellite timing receivers, but is designed as a computer slot card. It is also imported as a system with an antenna/converter unit. The function of these receivers is to receive the signal from the GPS satellites, process the GPS time, and provide Universal Coordinated Time (UCT). While this equipment receives signals from GPS satellites, they are not designed or used for navigation. The position information that is inherent in GPS is used for the purpose of calculating propagation delay of the signal from the satellite to the receiver. This is how submicrosecond timing accuracy is achieved. These receivers are principally used with Windows based PCs or industrial PCs. The PCs may be part of a LAN, or used in the control of other systems such as recording systems, financial systems, utilities, etc.

These GPS Satellite Timing Receivers are composite machines consisting of satellite receivers and automatic data processing units. They process the GPS signals for use by an automatic data processing (ADP) machine. As such they appear to meet Chapter 85, Note 5(B) with regard to ADP units. They also appear to meet Explanatory Note 84.71 (I) (D), ninth paragraph, item (5) with regard to signal converting units. Under Section XVI, Note 3, the principle function is that of an ADP unit. The GPS Satellite Timing Receivers are imported as functional units with an antenna/converter. Under Section XVI, Note 4, these functional units are also classified as ADP units.

The IRIG Time Code Receiver TCR510PCI is also designed as a PC slot card. However, it does not contain a GPS Satellite Timing Receiver. It is used to expand accurate time to other PCs. It synchronizes time code. It receives the time code signals from a GPS Satellite Timing Receiver, translates the signal and transfers the time information to the computer via the PCI bus interface. It also contains a Real Time Clock (RTC), which keeps accurate time for up to 100 hrs. after power down. As such they appear to meet Chapter 85, Note 5(B) with regard to ADP units. They also appear to meet Explanatory Note 84.71 (I) (D), ninth paragraph, item (5) with regard to signal converting units.

The GPS Antenna (PN GPSANT) includes the functional units planar antenna and post-connected converter. This unit translates the high-frequency phase-modulated spread spectrum signal of the GPS system to a lower intermediate frequency providing easy connection via a coaxial cable (e.g. RG58) up to 250 meters in length.

The Remote Display (PN DU35K) is an LED (Light Emitting Diode) display measuring approximately 12¾ inches in width by 12¾ inches high and is 2¼ deep. This display functions as a stand-alone real time clock that displays date, time and day with its LED-Matrix Display (7 dots high) in 2-inch character height.

The applicable subheading for the GSP167 series GPS Satellite Timing Receivers imported as a system will be 8471.80.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Automatic data processing machines and units thereofOther units of automatic data processing machines: Other: Other.” The rate of duty will be free.

The applicable subheading for the GPS Slot Card GPS168PCI GPS Satellite Timing Receivers imported as a system will be 8471.80.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Automatic data processing machines and units thereofOther units of automatic data processing machines: Other: Units suitable for physical incorporation into automatic data processing machines.” The general rate of duty will be free.

The applicable subheading for the IRIG Time Code Receiver TCR510PCI will be 8471.80.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Automatic data processing machines and units thereofOther units of automatic data processing machines: Other: Units suitable for physical incorporation into automatic data processing machines.” The general rate of duty will be free.

The applicable subheading for the GPS Antenna (PN GPSANT) will be 8529.10.4040, Harmonized Tariff Schedule of the United States (HTS), which provides for “Parts suitable for use solely or principally with the apparatus of headings 8525 to 8528: Antennas and antenna reflectors of all kinds; parts suitable for use therewith: Radar, radio navigational aid and remote control: Antennas.” The general rate of duty will be free.

The applicable subheading for the Remote Display (PN DU35K) will be 9105.91.40, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other clocks; other: Electrically operated: With opto-electronic display only.” The general rate of duty will be 3.9 percent ad valorem on the movement and case plus 5.3 percent ad valorem on the battery.

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

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Eileen S. Kaplan at 646-733-3016.

Sincerely,

Robert B. Swierupski
Director,

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