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NY N011426




June 11, 2007

CLA-2-85:RR:NC:N1:109

CATEGORY: CLASSIFICATION

TARIFF NO.: 8543.70.9650 8517.62.0050 8517.69.0000

Mr. Lee Smolen
Business Development Manager
UPS Trade Management Services, Inc.
12380 Morris Road
Alpharetta, GA 30005

RE: The tariff classification of portable people meter, base station, portable re-charger, and a household hub from Mexico

Dear Mr. Smolen:

In your letter dated May 15, 2007 you requested a tariff classification ruling. This merchandise subject to this ruling is a portable people meter, base station, portable re-charger, and a household hub.

The portable people meter is used to obtain information as to what a person (survey participant) is watching on TV or listening to on the radio. It consists of an especially sensitive audio transducer (microphone), digital signal processing (DSP) circuitry to analyze input for code detection, extensive memory accommodating at least one day of event codes, and a rechargeable battery. It is also equipped with a motion detector, which is linked to a small green light that is visible to the survey participant (respondent). The motion detector is a key component in tracking whether the survey participant is carrying the meter throughout the day, as long as the meter is being carried, the motion detector senses the smallest movement and the green light remains illuminated. In determining what a respondent is watching and listening to, the portable people meter identifies the TV program or radio station by picking up special “encoded” signals sent by TV and radio stations. It can also pick up encoded signals that are played over the Internet or at places such as stores, amusement parks, and movie theaters that participate in research of this type. The signals are silent to the human ear. However, if an individual can hear sound from a TV or radio, the personal people meter will pick up the signal. The personal people meter does not hear or record conversations held between individuals or any other sounds because it does not store audio data, it stores the unique code detected by the Arbitron encoder. The Arbitron encoder emits identification codes, which the personal people meter maintains a log of. These identification codes include a time stamp and the motion data. These identification codes are then transmitted from the portable people meter to the base station via RF communication. When the meter is docked into the base (recharger) station and the motion data is transmitted to the base station, the base calculates the points earned by the panelists based on the amount of motion data received from the personal people meter. The points are displayed on the base LCD so the panelists can determine their participation levels.

The base station, also referred to in your letter as a base/recharger, extracts data, both the collected identification codes and the motion data from the motion detector, from the portable people meter. The data originates from the portable people meter and is transmitted to the base station using an RF communication. The data is then passed (transmitted) from the base station to the household hub using the existing household wiring (standard telephone lines). It also recharges the battery, passes data to the household hub and offers immediate feedback to the survey participant (respondent). Respondents are awarded “points” based on the time that the meter was actively in motion throughout the day. The point total for the day and the total points awarded are displayed on a liquid crystal display (LCD) messaging screen in the base station. This base station executes a reception and transmission function, as well as that of a battery charger. The essential character of this item is that of reception and transmission apparatus.

The portable re-charger, also referred to in the descriptive literature as a recharger, collects (receives) TV viewing and radio listening information, as well as recharges the battery within the personal people meter. At the end of each day, the personal people meter is placed into the portable re-charger so that the TV viewing and radio listening for that day will be included (tabulated). The recharger also displays special messages whenever the personal people meter is placed back into the unit. It displays how many points the respondent earned for wearing the personal people meter for the current and previous days on its liquid crystal display (LCD). It also displays the point total for the current week and that of the previous week on its LCD. The battery re-charging function allows the portable people meter to be carried by a respondent for extended periods. The portable re-charger executes a reception function, as well as that of a battery charger. The essential character of this item is that of reception apparatus.

The household hub, also referred to in your letter and the descriptive literature as a hub or household collector, receives data from all of the base stations within a household and passes (transmits) the data to the central computer system over the house’s standard telephone line. (It is plugged into an electrical outlet and into the standard telephone line within a house.) It also transmits a silent signal that can be detected by the personal people meter to distinguish media use from within a house or media use from other places, i.e., stores, amusement parks, and movie theaters participating in this type of research. The central computer system combines the information collected from the population of respondents in the geographic area to produce the TV and radio ratings. The household hub has a liquid crystal display (LCD) screen for instructions and problem diagnosis. The principal function of the household hub is that of reception and transmission apparatus.

The applicable subheading for the portable people meter will be 8543.70.9650, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical machines and apparatus.: Other machines and apparatus: Other: Other: Other: Other.” The general duty rate will be 2.6 percent ad valorem.

The applicable subheading for the base station and household hub will be 8517.62.0050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other apparatus for transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network): Machines for the reception, conversion and transmission or regeneration of voice, images or other data, including switching and routing apparatus: Other.” The general duty rate will be free.

The applicable subheading for the portable recharger will be 8517.69.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other apparatus for transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network): Other.” The general duty rate 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).

It is not clear from your letter if you are asking about North American Free Trade Agreement (NAFTA) eligibility. However, if you are, your submission does not provide enough information for us to make that determination. If it is your intention to obtain a NAFTA ruling, you will need to provide specific information about the merchandise, such as all the components utilized in the manufacturing or assembly of the finished article and the country of origin of each of the components utilized in the manufacturing or assembly process. If you decide to submit a request for a NAFTA determination, please refer to our file number N011426 and include all of the material that we have returned to you, in addition to the aforementioned.

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 Linda M. Hackett at 646-733-3015.

Sincerely,

Robert B. Swierupski
Director,

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