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TMI Blog2021 (8) TMI 411X X X X Extracts X X X X X X X X Extracts X X X X ..... nually, wired or wirelessly, and storing contents for compliance records, analysis and process improvement; capturing photos, recording videos, sharing screen with mentors while at work, zooming for better clarity on details and also annotation/telestration of images; store photos, videos and documents locally on the device or remotely; sharing documents, notes and typed messages with workers and mentors; initiate calls through various applications; create custom dashboard with desktop or web tools, access contextual data, visualize conditions with diagrams, chart and data, and access of data by the operators in real time. These devices weigh between 380 to 430 grams and consist of a virtual (micro) display which appears as a 7" screen to the user, a 2.0 GHz 8-core Qualcomm(r) Snapdragon 625 with Adreno 506 processor, four digital microphones and advanced algorithms, voice based operating system, integrated speaker and 3.5 mm audio jack, 16 MP 4-axis optical image stabilization, PDAF with LED flashlight for capturing pictures and recording videos, 16GB storage space and 2GB RAM with slot for micro SD card (supporting up to 256 GB), Bluetooth, Wi-Fi and GPS enabled. 2. The ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... maintenance history of the equipment, associated engineering documentation, manufacturers' schematics, permits, safety documentation and best practices; (iv) ensure data integrity, smoother operations and dramatically reduced administration costs with low initial overhead; (v) enabling newly hired field engineers/technicians to retrieve technical work instructions before they start an assignment. Onsite workers can interact with the data, drill down into structures and discover information that is contextualised to show visualizations of relevant parts and components; (vi) in the automobile industry, geographically dispersed field technicians need support from Product Quality Engineers (PQEs) to stay updated with the latest maintenance and repair procedures and the HMT devices connect hands free with PQEs, capture images and videos, playback training videos, refer to manuals etc.; (vii) helps workers to work efficiently on a manufacturing factory floor or gas infrastructure brimming with inherently dangerous machinery and navigate their way safely around them by providing them access to equipment manuals, multimedia files, complete documents and collaborate with experts ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... also advanced by the applicant that these devices are not solely meant to enable communication or for transmission or reception of data such as the products covered under the heading 85.17 and that the purpose of these devices is to enable a worker in the field hand free access to an ADP machine, and aid him in the numerous processing functions his work demands, i.e., generation of reports, storage, programming and managing workflows. The specifications, i.e., powerful processor and operating system for processing the data and programs and sufficient storage space for storing of programs and data also prove that these devices have all the features and functions of a tablet computer. The applicant, therefore, contends from the above submissions that the principal function of the RealWear hands-free Android based HMTs is to process data, store and execute programmes similar to a laptop or a tablet computer. The communication/transmission feature are merely incidental to the data processing features. Just like laptops and computers have video calling and Wi-Fi capabilities. Hence, the RealWear hands-free Android tablet class wearable computers (Head Mounted Tablet) are automatic data ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e subject devices, Sri Blase D'Souza of Ingram explained that though the devices do not have a sim card slot, A-GPS capability can be achieved through an external attachment. 5. I have carefully considered all the relevant records and have accorded due consideration to all submissions, whether written or oral. From the submissions of the applicant, and the information available on the webpage of M/s. RealWear, it appears that the subject goods, namely head mounted tablets, have the following features, i.e., a high-resolution micro display comparable to the display of a 7-inch tablet device, a 2.0 GHz 8-core Qualcomm Snapdragon CPU, a 2 GB RAM, Bluetooth/GPS/GLONASS/A-GPS connectivity, Wi-Fi connectivity, 16 GB internal storage (expandable up to 254 GB with SD cards), 16 MP camera, among others. These devices weigh 380 to 430 grams and runs on 3250 mAh Li-ion rechargeable batteries having a battery life of 9 to 10 hours. These devices can process data, execute programmes, and connect to internet via a wireless network, send/receive e-mails, upload/download files, download software applications, conduct video/VolP (Voice over Internet Protocol) communication, among others. The i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... variety of ways thereby qualifying as machines capable of being freely programmed in accordance with the requirements of the user, as required by Note 5 (A) (ii) to Chapter 84, opined that machines commercially referred to as "Tablet Computers" are more appropriately classifiable in heading 8471, and more specifically under sub-heading 847130. In coming to the above conclusion, the Board considered such products to have essentially the same functionality as a laptop and the function of an Automatic Data Processing (ADP) Machine to be the main function of the product, while other functionalities of said machines are not different from the auxiliary functions that could be seen on any computer, such as desktop or laptop computers, and also that the mobile phone calling function is only a supplementary function because it could not be activated without running an operating system of the "Tablet Computer", and in order to use the function a headset had to be used. 8. Placing reliance on the relevant Chapter Notes, the WCO's classification advice, the Board circular on classification of tablet computers, and also considering the fact that the head mounted tablet devices of Re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g thereby, programmable in a variety of ways in accordance with the requirements of the user - this feature is not entirely present in the HMT devices as they appear to have a single core function, i.e., remote collaboration which is fixed. * The device must be capable of performing arithmetical computations specified by the user - the HMT device receives voice commands to how to operate. It cannot perform arithmetical computations on its own, for instance, if a command is given to compute and inform that 1+1=2, it will show a picture where the 1+1=2 is written or connect user to remote mentor to get the answer. * The device must be capable of executing, 'without human intervention', a processing programme which requires them to modify their execution, by logical decision during the processing run - this condition doesn't appear to be fully satisfied in the HMT device as each execution of the device is based on command, i.e., human intervention, at every stage. Even simple tasks like, to scan a QR code, present a data sheet etc., human voice command is mandatory. Processing of data obtained through pictures, videos etc. is achieved by human element on the user side ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f voice, images or other data, including switching and routing apparatus), 851830 (Headphones and earphones, whether or not combined with a microphone, and sets consisting of a microphone and one or more loudspeakers), 852550 (Transmission apparatus), as well as the residuary heading 8543 (Electrical machines and apparatus having individual functions, not specified or included elsewhere in this chapter). Amongst all of the above, the sub-heading 85176290, covers apparatus for the transmission or reception of speech or other sounds, images or other data between two points by variation of an electric current or optical wave flowing in a wired network or by electromagnetic waves in a wireless network. The HMT device is a hands-free remote collaboration tool. It acts as a virtual assist and can capture videos and photos and share the same with workers at another location for any assistance. One can view documents/workflows. The product catalogues also lay emphasis on the device aiding mentor/expert connection with workers on field from remote location. Hence, it appears that HMT devices are a type of apparatus for the transmission or reception of speech, images and other data between t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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