HQ 0087702 - Reconsideration of HQ 082047 (dated December 15, 1989); Traffic Signal Controller; Boards, Panels, Consoles...for Electric Control or the Distribution of Electricity - United States International Trade Commision Rulings

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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

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