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NY N019301




November 28, 2007

CLA-2-90:OT:RR:E:NC:N1:105

CATEGORY: CLASSIFICATION

TARIFF NO.: 9031.80.8085

Mr. Kit Johnson
Mercedes-Benz US
One Mercedes Drive
Vance, AL 35490

RE: The tariff classification of Porty EVO III from an unknown country

Dear Mr. Johnson:

In your letter dated November 2, 2007, you requested a tariff classification ruling. No sample was provided.

You state:
“This unit is a portable automatic data processing (ADP) machine housed in a fiberglass-reinforced plastic housing. The housing has fittings that enable the unit to be attached to the steering wheel of a car during diagnostic tests. The unit will be connected to automotive/electrical diagnostic equipment in an automotive manufacturing facility. Software will be installed on the unit to process the data received from the diagnostic equipment.”

In the attached Operating Instructions for the Porty EVO III, it is stated to have a “robust BDIId iagnostic interface,” which we take to be an OBDII diagnostic interface. Also, a later page states, “When it is connected to the diagnosis socket (OBDII) of the vehicle it both gets power supply and connection to the electronic control units of the vehicle.”

You propose classification in HTSUS 8471.30, however, we find that the user cannot modify the Porty Evo III by adding components or converting existing components without obtaining the manufacturer’s prior consent.  The user cannot make any software changes to the programmable control systems.  The item is not freely programmable by the user.  It is excluded from Heading 8471 by note 5A to Chapter 84 and note 5E to Chapter 84.   The Porty Evo III is doing a specific function other than data processing.  It functions as an interface between the automobile and diagnostic equipment.   It collects and stores the diagnostic data received from the automobile’s diagnostic equipment.

Since you describe it as an ADP machine, it has capabilities and hardware beyond that in the OBD II Code Reader classified in HTSUS 9031.80.80 in New York Ruling Letter R05134, 11-20-06, but it has a similar underlying function.

The applicable subheading for the Porty EVO III will be 9031.80.8085, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "other," non-"optical" measuring or checking instruments. The general rate of duty will be 1.7 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 HTSUS 8471, contact National Import Specialist D. Faingar at 646-733-3010. If you have any questions regarding the ruling, contact National Import Specialist J. Sheridan at 646-733-3012.

Sincerely,

Robert B. Swierupski
Director,

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