HQ 953608: Revocation of NY 847616; Glassbreak Detector; Alarm System Component; Parts; Electrical Sound or Visual Signaling Apparatus

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 953608
                                                               
                         March 29, 1993

CLA-2 CO:R:C:M  953608 MBR

CATEGORY:  Classification

TARIFF NO.:  8531.90.00

Ms. Deborah V. Clune
PBB USA Inc.
434 Delaware Ave.
Buffalo, N.Y. 14202

RE:  Revocation of NY 847616; Glassbreak Detector; Alarm System
     Component; Parts; Electrical Sound or Visual Signaling
     Apparatus 

Dear Ms. Clune:

     This is in reference to NY 847616, issued to you on December
13, 1989, regarding the classification of the DG-50 "Glassbreak
Detector" for an alarm system, under the Harmonized Tariff Schedule
of the United States (HTSUS).  We have found it necessary to
reconsider, and consequently, revoke that decision.  Our analysis
follows.

FACTS:

     NY 847616, dated December 13, 1989, held that the DG-50
"Glassbreak Detector" was classifiable under subheading 8531.80.00,
HTSUS, which provides for: "[e]lectric sound or visual signaling
apparatus...: [o]ther apparatus."  The general rate of duty for
that provision is 2.7 percent ad valorem.  

     The DG-50 is a passive detector designed to listen for the
specific sonic frequencies associated with breaking glass.  It is
monitored by a separate control unit and when a hazard is detected,
the control unit initiates an alarm through the various sound and
visual signaling devices attached to the control unit.

ISSUE:

     What is the classification of the DG-50 "Glassbreak Detector"
component part for alarm systems, under the Harmonized Tariff
Schedule of the United States (HTSUS)?



                               -2-

LAW AND ANALYSIS:

     The General Rules of Interpretation (GRI's) to the HTSUS
govern the classification of goods in the tariff schedule.  GRI 1
states, in pertinent part: 

          ...classification shall be determined according to
          the terms of the headings and any relative section
          or chapter notes....

     The DG-50 Glassbreak Detector is manufactured by DSC and
Harman.  We have previously ruled on a number of components and
system configurations for DSC and Harman.  

     HQ 088891, dated June 21, 1991, determined that bulk shipments
of alarm system components "would not be considered to have the
essential character of a complete home alarm system, because they
are apparently nothing more than disparate components shipped in
bulk form."  Furthermore, HQ 088891 held that "[i]f the 'upgrade
kits' (consisting of up to 8 Alphanumeric HSPs and Alphanumeric
Adapter Boards) are goods put up in sets for retail sale, they are
determined to have the essential character of the Alphanumeric
HSPs."
 
     HQ 088595, I/A 4/91, dated September 12, 1991, held that a
"control panel" printed circuit board without the keypad, was
classifiable under subheading 8531.90.00, HTSUS, which provides
for: "[e]lectrical sound or visual signaling apparatus (for
example, bells, sirens, indicator panels, burglar or fire alarms),
other than those of heading 8512 or 8530; parts thereof: [p]arts." 

     HQ 950440, dated January 7, 1992, held that the control panel
boards for systems 1500, 1500e MOD II, 2000e, and 6000 were
similarly classifiable under subheading 8531.90.00, HTSUS.

     HQ 950440 also held that infrared detectors, incorporating RF
transmitters, are composite machines.  The principal function is
determined to be that of detection for an alarm system.  Therefore,
pursuant to Section XVI, Legal Note 3, the infrared detectors
incorporating RF transmitters are classifiable in subheading
8531.90.00, HTSUS. 

     The instant glassbreak detectors are not merely apparatus
classifiable in heading 8537, HTSUS, which provides for: "[b]oards,
panels (including numerical control panels), consoles, desks,
cabinets and other bases, equipped with two or more apparatus of
heading 8535 or 8536, for electric control or the distribution of
electricity, including those incorporating instruments or apparatus
of chapter 90, other than switching apparatus of heading 8517." 
These units are complete alarm system components.  As such, they
do not fall within the limited scope of heading 8537, HTSUS.


                               -3-

     However, NY 847616 dated December 13, 1989, held that model
DG-50 Glassbreak Detectors were classifiable in subheading
8531.80.00, HTSUS, which provides for: "[e]lectric sound or visual
signaling apparatus...: [o]ther apparatus."  Thus, it has been
argued that the instant glassbreak detectors are functional items,
having built-in alarms, and do not depend on an outside source to
become functional electric sound or visual signaling apparatus. 
However, the glassbreak detectors do not, in fact, contain any
independent sound or visual signaling capability during normal
operation.

     The Glassbreak detector is a passive detector designed to
listen for the specific sonic frequencies associated with breaking
glass.  It is monitored by the separate control unit and when a
hazard is detected, the control unit initiates an alarm through the
various sound and visual signaling devices attached to the control
unit.  Again, DSC's Glassbreak detector does not contain any sound
or visual signaling capability that is utilized during operation. 
However, it does contain an LED which is used exclusively to test
the unit during installation.  Therefore, the instant Glassbreak
detectors are classifiable in subheading 8531.90.00, HTSUS, which
provides for: "[e]lectrical sound or visual signaling apparatus
(for example, bells, sirens, indicator panels, burglar or fire
alarms), other than those of heading 8512 or 8530; parts thereof:
[p]arts."  

     It has also been argued that the only components of alarm
systems that relate to heading 8531, HTSUS, are the "alarms"
themselves.  We disagree with limiting the scope of heading 8531,
HTSUS, to such a Draconian degree.  Clearly the term "Burglar or
fire alarms" is intended to include systems consisting of different
components, thereby encompassing parts of those systems under the
parts provision.

HOLDING:

     The DSC and Harman DG-50 Glassbreak detectors are classifiable
in subheading 8531.90.00, HTSUS, which provides for: "[e]lectrical
sound or visual signaling apparatus (for example, bells, sirens,
indicator panels, burglar or fire alarms), other than those of
heading 8512 or 8530; parts thereof: [p]arts."  The rate of duty
is 2.7 percent ad valorem.

EFFECT ON OTHER RULINGS:

     For the reasons stated above, NY 847616, dated December 13,
1989, is revoked under authority of section 177.9(d), Customs 






                               -4-

Regulations, to reflect that the DG-50 "Glassbreak Detector" is
properly classifiable under subheading 8531.90.00, HTSUS.

                              Sincerely,





                              John Durant, Director