CLA-2 CO:R:C:M 953382 MBR

Ms. Kathleen Crawford
BDP International Inc.
1017 4th Avenue
Lester PA 19029-1813

RE: AMREP; PCG-1 Power Current Generator; LISN-1 Line Impedance Stabilization Network; Instruments and Apparatus for Measuring or Checking Electrical Quantities; HQ 089391; HQ 087498; United States v. Corning Glass Works

Dear Ms. Crawford:

This is in reply to your letter of August 21, 1992, requesting classification of the PCG-1 Power Current Generator and the LISN- 1 Line Impedance Stabilization Network, under the Harmonized Tariff Schedule of the United States (HTSUS). Your request has been forwarded to this office for reply.

FACTS:

The submitted literature states that the "Power Current Generator" ("PCG-1") provides an electrical current fully selectable from 0 to 30A. It is capable of generating three types of current: DC, AC (400Hz), PWM-DC (with frequency and duty cycle selectable respectively from 0, 1 to 10 Hz and from 0 to 100%). The monitor connector is connected to an oscilloscope in order to determine the injected current value.

The "Line Impedance Stabilization Network" ("LISN-1") is an artificial main network which provides a defined impedance over the frequency range of 1 kHz + 100 MHz across the terminals of the device under test (D.U.T.), and isolates, as to R.F. signals, the device under test and the supply mains. It performs various tests standardized by the International Standards Organization ("ISO"). The importer has stated that this is a passive device that simulates standard terminations or loads (dummy loads) for testing purposes.

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Both machines are used exclusively for electrical testing. Although these machines do not actually perform any measurements themselves, they are required for certain measuring applications.

ISSUE:

Are the PCG-1 and the LISN-1 classified under subheading 8543.20.00, HTSUS, which provides for "[e]lectrical machines n.s.p.f...; [s]ignal generators," or are they properly classifiable under subheading 9030.39, HTSUS, which provides for [o]scilloscopes,...: [o]ther instruments and apparatus, for measuring or checking voltage, current, resistance or power, without a recording device"?

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...

There is no controversy that both the PCG-1 and the LISN-1 are used exclusively for electrical testing. Furthermore, although these instruments do not actually perform any measurements themselves, they are required for certain electrical measuring applications.

Subheading 9030, HTSUS, in pertinent part, provides for: "[o]scilloscopes, spectrum analyzers and other instruments and apparatus for measuring or checking electrical quantities, excluding meters of heading 9028."

The question before us is whether the instant merchandise is classifiable in this heading since it is used in the process of measuring or checking electrical quantities, but does not actually perform the measuring operation.

In HQ 089391, dated February 6, 1992, and HQ 087498, dated October 9, 1990, Customs has held that equipment which is principally used in the process of measuring or checking is classifiable under that provision, even if it does not actually perform the measuring or checking operation itself. See United States v. Corning Glass Works, 66 CCPA 25, 586 F.2d 822 (1978), in which the court stated that "checking instruments" clearly and unambiguously encompasses machines that carry out steps in a process for inspecting.

Similarly, HQ 087498, held that pursuant to GRI 3(a), a chapter 90 chemical analysis machine heading provides more

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specifically for merchandise than does heading 8543, HTSUS, which is a general provision for electrical machines not provided for more specifically elsewhere. Therefore, heading 9030, HTSUS, provides more specifically for the instant merchandise than does heading 8543, HTSUS.

HOLDING:

The AMREP PCG-1 Power Current Generator and the LISN-1 Line Impedance Stabilization Network, are classifiable in subheading 9030.39.00, HTSUS, which provides for: "[o]scilloscopes, spectrum analyzers and other instruments and apparatus for measuring or checking electrical quantities, excluding meters of heading 9028: [o]ther instruments and apparatus, for measuring or checking voltage, current, resistance or power, without a recording device: [o]ther." The rate of duty is 4.9% ad valorem.

Sincerely,

John Durant, Director