HQ 087702: Reconsideration of HQ 082047 (dated December 15, 1989); Traffic Signal Controller; Boards, Panels, Consoles...for Electric Control or the Distribution of Electricity

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

 

                              HQ 087702
                                                               
                        November 28, 1990

CLA-2 CO:R:C:G  087702 MBR

CATEGORY:  Classification

TARIFF NO.:  8537.10.00

Mr. John C. Illingworth
General Manager
Topping Electronics Inc.
215 Nantucket Blvd.
Scarborough, Ontario, Canada
M1P 2P2

RE:  Reconsideration of HQ 082047 (dated December 15, 1989);
     Traffic Signal Controller; Boards, Panels, Consoles...for
     Electric Control or the Distribution of Electricity

Dear Mr. Illingworth:

     This is our response regarding your letter of August 1,
1990, requesting reconsideration of HQ 082047 (dated December 15,
1989), regarding the classification of the Topping Electronics
Model 170 Controller, under the Harmonized Tariff Schedule of the
United States Annotated (HTSUSA).

FACTS:

     HQ 082047, dated December 15, 1989, held that the Topping
Electronics Model 170 Controller was a "general purpose
controller" and therefore, was properly classifiable under
8537.10.00, HTSUSA, which provides for: "[b]oards, panels...,
consoles,..., for electric control or the distribution of
electricity...: [f]or a voltage not exceeding 1,000 v."

ISSUE:

     What is the classification of the Topping Electronics Model
170 Controller, under the Harmonized Tariff Schedule of the
United States Annotated (HTSUSA)?

LAW AND ANALYSIS:

     HQ 082047, dated December 15, 1989, held that the Topping
Electronics Model 170 Controller (hereafter "Controller") was a
"general purpose controller" and therefore, was properly
classifiable under 8537.10.00, HTSUSA, which provides for:
"[b]oards, panels..., consoles,..., for electric control or the
distribution of electricity...: [f]or a voltage not exceeding
1,000 v."

     You argue that reconsideration is appropriate under the
theory that the Controller is "designed and manufactured
specifically for traffic control of vehicular traffic on roads in
accordance with specifications of the California Department of
Transportation (CALTRANS), clearly and exactly meets the
requirements of HTSUSA heading 8530 covering 'traffic control
equipment for roads.'"

     However, you have presented no evidence to controvert the
highly persuasive statements contained in the Controller
instruction manual, which states:

     The Topping Electronics Model 170 Controller is a general
     purpose microprocessor-based controller designed for use in
     rugged environments such as those found in traffic control
     applications.  The controller is comprised of plug-in
     printed circuit modules running on a Motorola 6800 based
     stored program which provides logic control for traffic or
     other control application. (Emphasis added).

HOLDING:

     The Topping Electronics Model 170 Controller is classifiable
under 8537.10.00, HTSUSA, which provides for: "[b]oards,
panels..., consoles,..., for electric control or the distribution
of electricity...: [f]or a voltage not exceeding 1,000 v."
 
     For the foregoing reasons, HQ 082047 (dated December 15,
1989) is affirmed.

                              Sincerely,




                              John Durant, Director
                              Commercial Rulings Division