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NY N004220




December 29, 2006

CLA-2-85:RR:NC:1:110

CATEGORY: CLASSIFICATION

TARIFF NO.: 8537.10.9070

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

RE: The tariff classification of control boards from Hungary.

Dear Mr. Beck:

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

The merchandise under consideration is the USB-PDIS08 and CIO-ERB48 Relay Boards. Samples of both boards were submitted with your ruling request and will be returned to you. The USB-PDIS08 Relay Board is packaged together for retail sale with a 9 Volt (V) power supply, USB (Universal Serial Bus) Cable, CD-ROM software and instructions. The CIO-ERB48 Relay Board is packaged together with mounting hardware and a 2 conductor power cord.

The submitted sample of the USB-PDIS08 has seven 6 Amp (A), 250 Volt (V) electromechanical relays and various active and passive components mounted on a Printed Circuit Board (PCB) enclosed within a metal housing with mounting ears for securing onto a wall or other surface area. This housing measures approximately 12 inches wide by 5 inches high and is 2¼ inches deep. Located on the face of the housing are two Light Emitting Diodes (LED) and two terminal strips. The back of the board features two 9 V power sockets (one for a 9 V power feed and one for a 9 V supply) and two USB sockets (one for USB IN and one for USB OUT). One terminal strip is for hard wire connections necessary for receiving data input signals from a Programmable Logic Controller (PLC) or Automatic Data Processing (ADP) machine with the enclosed software installed. The other terminal strip is for connecting wires from external circuits, such as voltage from a light switch or other line voltage circuits to the Normally Closed (NC), Common (C) and Normally Open (NO) contacts of the relays. The main function of the USB-PDIS08 relay board is to provide the user of a PLC or ADP machine the ability to program the opening and closing of the relays as desired for the control of switching circuits to various line voltage apparatus. The USB-PDIS08 Relay Board does not have a programmable memory, it receives commands from a PLC or ADP machine and performs the switching as instructed.

The CIO-ERB48 Relay Board is a PCB measuring approximately 17 inches by 4½ inches with 48 5A, 250V electromechanical relays, 6 terminal strips, one 50-pin connector, one 4-pin MOLEX connector and various active and passive components. The terminal strips are numbered 1-48 and correspond to the 48 relay contacts of NO, C and NC. The main function of the CIO-ERB48 relay board is to provide the user of a PLC or ADP machine the ability to program the opening and closing of the relays as desired for the control of switching circuits to various line voltage apparatus. The CIO-ERB48 Relay Board does not have a programmable memory, it receives commands from a PLC or ADP machine and performs the switching as instructed.

As stated above, the USB-PDIS08 and CIO-ERB48 Relay Boards are packaged together for retail sale with other items. As imported, both relay boards meet the definition of “goods put up in sets for retail sale.” As per GRI 3(b), classification is determined by the component, or components taken together, which confer on the set as a whole its essential character. The relay boards clearly provide the essential character of each set.

In your letter you suggest classification under 8473.30.1080, Harmonized Tariff Schedule of the United States (HTSUS), for parts and accessories of ADP machines. However, the relay boards are excluded from classification under heading 8471 by Chapter 84, Note 5 (E) which states in part that machines performing a specific function other than data processing and working in conjunction with an ADP machine are to be classified in the heading appropriate to their respective function. The function of the relay boards is for the control or distribution of electrical circuits and is provided for under heading 8537, HTSUS, as apparatus for electric control with two or more electrical apparatus of heading 8536, HTSUS, (i.e. relays, sockets, etc.).

The applicable subheading for the USB-PDIS08 and CIO-ERB48 Relay Boards will be 8537.10.9070, HTSUS, which provides for “Boards, panels, consolesand other bases, equipped with two or more apparatus of heading 8535 or 8536, for electric control or the distribution of electricityFor a voltage not exceeding 1,000 V: Other: Other: Other.” The general rate of duty will be 2.7 percent ad valorem.

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 Thomas Campanelli at 646-733-3016.

Sincerely,

Robert B. Swierupski
Director,

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