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NY N004216





December 6, 2006

CLA-2-84:RR:NC:1:120 N004216

CATEGORY: CLASSIFICATION

TARIFF NO.: 8471. 80.1000

Mr. Matt Beck
National Instruments Corporation
11500 N Mopac Expwy
Austin, TX 78759-3504

RE: The tariff classification of the PXI-2565 and the PXI-2590 Relay Modules from Hungary.

Dear Mr. Beck:

In your letter dated December 4, 2006 you requested a tariff classification ruling.

The merchandise under consideration is the PXI-2565 and PXI-2590 relay modules. Samples of both modules were submitted with your ruling request and will be returned to you. The PXI-2565 relay module is imported packed together with two cable connectors, CD-ROM software and instructions. The PXI-2590 relay module is imported packed together with CD-ROM software and instructions.

Both relays are plug-in modules, specifically designed to be incorporated into a PXI computer, which is not imported with either set or under consideration. The PXI computer has an Intel Pentium processor, memory, hard drive, and is a freely programmable computer classified in Heading 8471, Harmonized Tariff Schedule of the United States (HTSUS). The PXI computer assembly runs general-purpose application software such as a word processor, spreadsheet, etc. The relay modules must be installed into the PXI computer assembly in order to function and meet the definition of a “unit” of an ADP system, as per Legal Note 5 (B) to Chapter 84 of the Harmonized Tariff Schedule of the United States, HTSUS. Therefore, classification in Heading 8471 would be more applicable for the imported relay modules.

The PXI-2565 relay module assembly consists of two printed circuit boards (PCBs) mounted together with a 32-pin Combicon connector, mounted on a faceplate with four mounting screws and clip. On the back of the assembly are two standard PXI specific computer assembly connectors. Mounted on the PCBs are active and passive components, and 16 relays that coincide with the 32-pin Combicon connector. Wires from external circuits from an external device, such as a light switch or other line voltage circuits, are connected to the PXI-2565 through the provided cable connectors. The PXI computer can be programmed to operate the relays as required. The digital signal from the PXI computer assembly commands the relay on the PXI-2565 to either open or close its contacts. When the relay is closed, it completes a circuit with an external device. When the relay is open, the circuit is broken. The PXI-2565 relay module is designed for engineers, scientists, technicians and other end users of a PXI computer assembly for use in applications where there is a need to programmatically route low-voltage control signals.

The PXI-2590 relay module assembly consists of two PCBs mounted together with five coaxial connectors mounted on its faceplate with two mounting screws and clip. On the back of the assembly are two standard PXI specific computer assembly connectors. Mounted on the PCBs are active and passive components, and relays that coincide with the coaxial connectors. The PXI computer can be programmed to operate the relays as required. The PXI-2590 is a multiplexer that translates digital signals from the computer into the opening and closing of contacts in the module. It can receive up to four analog signals and route them to one channel. When multiple signals are being acquired, only one relay at a time can be closed. However, by utilizing the PXI computer assembly, the user can determine the timing and order in which the relays are opened and closed and the signals obtained.

You have stated that the PXI-2565 relay module, two cable connectors, CD-ROM software and instructions will be imported together packaged for retail sale. The CD-ROM is classified in accordance with Chapter 85, Note 6. From the software section of the manual, the software is needed for the transfer of data to the PXI-2565 and is directly read by the PXI computer assembly. Normally, media imported apart from the apparatus for which it is intended must be classified separately. However, it has been concluded that this configuration of goods does constitute a set in accordance with General Rule of Interpretation (GRI) 3 (b). Therefore, in this case, the software disc need not be separately classified. GRI 3 (b) requires, in the matter of goods imported in sets, that the set be classified based upon the component that gives the set its essential character. It is our opinion that the PXI-2565 provides the essential character of this set.

Likewise, the PXI-2590 packed together with CD-ROM software and instructions constitutes a set in accordance with General Rule of Interpretation (GRI) 3 (b) and the PXI-2590 provides the essential character of this set.

The applicable subheading for the PXI-2565 relay module set will be 8471.80.1000, HTSUS, which provides for other units of automatic data processing machines: Control or adapter units. The rate of duty will be free.

The applicable subheading for the PXI-2590 set will be 8471.80.1000, HTSUS, which provides for other units of automatic data processing machines: Control or adapter units. The rate of duty will be free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Denise Faingar at 646-733-3010.

Sincerely,

Robert B. Swierupski
Director,

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