Edwards 8500 Fire Alarm System Entered Without Remote Sensors And Alarms

HQ 086460 July 18, 1990 CLA-2 CO:R:C:G 086460 CMS CATEGORY: Classification TARIFF NO.: 685.70 Ms. Angela Gaetano Chief, Customs Information Exchange U.S. Customs Service 6 World Trade Center New York, NY 10048 RE: Edwards 8500 Fire Alarm System Entered Without Remote Sensors And Alarms Dear Ms. Gaetano, This is in response to your February 25, 1987, request for the resolution of a difference of opinion between the National Import Specialist (NIS) in New York and the two ports of Buffalo, New York and Detroit, Michigan, regarding certain fire alarm system components manufactured by Edwards GS, Ontario, Canada. FACTS: The merchandise consists of the Edwards 8500 series fire alarm systems entered without the remote sensors and sound signalling devices. The 8500 series is imported in three models, the Basic Fire Alarm System, Basic Integrated System and Basic Multiplex System. All three models incorporate power supplies for the central components and the remote sensors and alarms. All three models incorporate LED displays which report various signals to the user (e.g., a triggered smoke or fire detector, the particular zone of the triggered sensor, whether the alarm which sounds in a particular zone in response to the sensor has been activated, and whether there is any trouble in the sensor alarm circuitry). The Basic Integrated System has an amplifier which provides a speaker source to facilitate "alert", "alarm" and "paging" messages. The Basic Multiplex System incorporates a Serial Link Controller which interfaces the system's CPU and peripheral components (e.g., emergency satellite communicators (ESAC)). -2- ISSUE: Is the merchandise classified as "[b]ells, sirens, indicator panels, burglar and fire alarms...and parts thereof" in item 685.70, TSUS (effective 1/2/86, date of entry), or as control panels in 685.90, TSUS (effective 1/2/86, date of entry). LAW AND ANALYSIS: In HQ Ruling 071612 (July 25, 1985), the central components of a burglar alarm system were entered without the remote sensors, bells and sirens. Various indicator light panels were incorporated in the front of each component. The merchandise was found to be "more than" control panels and was classified as burglar alarms and parts thereof in item 685.70. HQ Ruling 071612 found that the articles were more than control panels because they incorporated a substantial proportion of the operating part of the machine controlled, and in fact were the very essence of the burglar alarm systems. Like the burglar alarm components in HQ Ruling 071612, the fire alarm components under consideration incorporate a substantial proportion of the operating part of the machine controlled. The articles incorporate the power supply for the remote sensors and alarms controlled. The central cabinets of all three models incorporate indicator light panels. The Basic Integrated System includes an amplifier which provides a speaker source for various alarm messages. The Basic Multiplex System incorporates a Serial Link Controller which interfaces the system's CPU and emergency Satellite communicator (ESAC). The issue of the applicability of HQ Ruling 074827 (July 19, 1985), has been raised. In HQ Ruling 074827, programmable controlling mechanisms for robot arms were entered without the arms they controlled. The merchandise was classified as control panels in item 685.90, TSUS. Unlike the merchandise in HQ Ruling 071612, the robot arm controllers did not contain the power supply or other substantial proportions of the operating parts of the machines controlled. The HQ Ruling 074827 robot arm controlling mechanisms were not more than control panels. The Edwards 8500 series fire alarm systems, when entered without the remote sensors and sound signalling apparatus, are classified as "[b]ells, sirens, indicator panels, burglar and fire alarms...and parts thereof" in item 685.70, TSUS. The emergency satellite communicator (ESAC) is classified with the Basic Multiplex System components when entered with those components. -3- HOLDING: The Edwards 8500 series fire alarm systems, when entered without the remote sensors and sound signalling apparatus, are classified as "[b]ells, sirens, indicator panels, burglar and fire alarms...and parts thereof" in item 685.70, TSUS (effective 1/2/86, the date of entry). The emergency satellite communicator (ESAC) is classified with the Basic Multiplex System components when entered with those components. Sincerely, John Durant, Director Commercial Rulings Division