CLA-2 CO:R:C:M 953624 DWS

Mr. Gordon W. Larson
Rudolph Miles & Sons
4950 Gateway East
P.O. Box 11057
El Paso, TX 79983

RE: Electronic Time Switches; Logic Modules; Switch Blocks; Explanatory Note 91.07; GRI 2(a); Explanatory Note 2(a)(V) and (VII); Complete and Unassembled; HQ 088891; 951508; GRI 3(a); 9109.19.10 Dear Mr. Larson:

This is in response to your letter of March 10, 1993, concerning the classification of electronic time switches, logic modules and switch blocks under the Harmonized Tariff Schedule of the United States (HTSUS).

FACTS:

The merchandise consists of electronic time switches, logic modules, and switch blocks. The electronic time switches (model nos. TS212S, TS110S, TS114S, TS110C, and TS114C) are microprocessor controlled, utilizing a primary oscillator with a quartz crystal or ceramic resonator to synchronize processor operation. Under typical operating conditions, the timekeeping functions are based on an external time "standard", specifically the 60 Hz AC line frequency. Backup timekeeping is achieved by operations entirely internal to the microprocessor, and is related to the frequency of the primary oscillator. The time switches require a 9 volt battery for operation and memory retention.

The logic modules (model nos. TLA24, TL700, TL240, and TL242), containing clock movements, are designed to be connected to the subject switch blocks to form time switches. With the exception of not possessing switching capabilities, they operate electrically in the same manner as the time switches. They exceed 12mm in thickness and 50mm in width and length, and require a 9 volt battery for operation and memory retention.

As noted above, the switch blocks (models TC110, TC210, TC210D, TC220, TC410, and TC410D) are designed to be connected to the subject logic modules to form time switches. They consist of relays, a manual override switch, and a regulated DC power supply which will provide operational DC power to the logic modules.

It is our understanding from the information supplied that the logic modules and the switch blocks will be either imported in unequal numbers within the same shipment or imported separately.

ISSUE:

What is the proper classification of the electronic time switches, logic modules, and switch blocks under the HTSUS?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUS is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification is determined according to the terms of the headings and any relative section or chapter notes.

We will first deal with the classification of the complete time switches. Heading 9107, HTSUS, provides for: "[t]ime switches with clock or watch movement or with synchronous motor."

In understanding the language of the HTSUS, the Harmonized Commodity Description and Coding System Explanatory Notes may be utilized. The Explanatory Notes, although not dispositive, are to be used to determine the proper interpretation of the HTSUS. 54 Fed. Reg. 35127, 35128 (August 23, 1989). In part, Explanatory Note 91.07 (p. 1547) states that:

[t]his heading covers devices which do not have the character of clocks of heading 91.05, but are mainly designed to make or break electric circuits automatically at given times, usually at times determined according to a previously established daily or weekly programme. To be included in this heading these devices must have a movement of the watch or clock type (including secondary or synchronous motor clock movements) or a synchronous motor with or without reduction gear.

Because the subject time switches are specifically provided for under heading 9107, HTSUS, it is our position that they are classifiable under subheading 9107.00.80, HTSUS, which provides for: "[t]ime switches with clock or watch movement or with synchronous motor: [v]alued over $5 each."

We will now deal with the classification of the logic modules and switch blocks, either imported together in unequal numbers and in the same shipment or imported separately. The issue is whether the articles constitute a complete and unassembled time switch.

GRI 2(a) states that:

[a]ny reference in a heading to an article shall be taken to include a reference to that article incomplete or unfinished, provided that, as entered, the incomplete or unfinished article has the essential character of the complete or finished article. It shall also include a reference to that article complete or finished (or falling to be classified as complete or finished by virtue of this rule), entered unassembled or disassembled.

Explanatory Note 2(a)(V) (p. 2) states that:

[t]he second part of Rule 2(a) provides that complete or finished articles presented unassembled or disassembled are to be classified in the same heading as the assembled article. When goods are so presented, it is usually for reasons such as requirements or convenience of packing, handling or transport.

In part, Explanatory Note 2(a)(VII) (p. 2) states that:

[f]or the purposes of this Rule, "articles presented unassembled or disassembled" means articles the components of which are to be assembled either by means of simple fixing devices (screws, nuts, bolts, etc.) or by riveting or welding, for example, provided only simple assembly operations are involved.

It is our position that the logic modules, either imported together with an unequal amount of switch blocks in the same shipment or imported separate from the switch blocks, do not constitute complete and unassembled time switches. See HQ 951508, dated July 8, 1992.

It is argued that HQ 088891, dated June 21, 1991, is dispositive of this issue. However, that ruling dealt with a large number of disparate alarm system parts, shipped in bulk in equal numbers. In the present case, the logic modules and switch blocks are shipped together in unequal numbers. Therefore, because HQ 088891 dealt with different facts, it is our position that it does not apply to the subject merchandise.

Consequently, because the logic modules and switch blocks, either imported together in unequal numbers and in the same shipment or imported separately, do not constitute a complete and unassembled time switch, we must determine the classification of those articles as if they were shipped separately.

We agree that the switch blocks are classifiable under subheading 8537.10.00, 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: [f]or a voltage not exceeding 1,000 V."

It is claimed that the logic modules are classifiable under subheading 9109.19.10, HTSUS, which provides for: "[c]lock movements, complete and assembled: [b]attery or AC powered: [o]ther: [o]ther: [w]ith opto-electronic display only."

However, it is our position that the logic modules are classifiable under 9106.90.80, HTSUS, which provides for: "[t]ime of day recording apparatus and apparatus for measuring, recording or otherwise indicating intervals of time, with clock or watch movement or with synchronous motor (for example, time registers, time-recorders): [o]ther: [o]ther."

In part, GRI 3(a) states that "[t]he heading which provides the most specific description shall be preferred to headings providing a more general description." We find that heading 9106, HTSUS, is more specific in describing the subject logic modules. The modules are apparatus for measuring intervals of time and they incorporate clock movements. However, the modules also incorporate other articles, such as microprocessors. Heading 9109, HTSUS, describes clock movements only and is limited to such.

HOLDING:

The time switches are classifiable under subheading 9107.00.80, HTSUS, which provides for: "[t]ime switches with clock or watch movement or with synchronous motor: [v]alued over $5 each." The general, column one rate of duty is 45 cents each and 6.4 percent ad valorem and 2.5 cents per jewel (if any).

The logic modules imported together with either an unequal amount of switch blocks in the same shipment or imported separately do not constitute complete and unassembled time switches.

The switch blocks are classifiable under subheading 8537.10.00, 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: [f]or a voltage not exceeding 1,000 V." The general, column one rate of duty is 5.3 percent ad valorem.

The logic modules are classifiable under 9106.90.80, HTSUS, which provides for: "[t]ime of day recording apparatus and apparatus for measuring, recording or otherwise indicating intervals of time, with clock or watch movement or with synchronous motor (for example, time registers, time-recorders): [o]ther: [o]ther." The general, column one rate of duty is 45 cents each and 7 percent ad valorem and 2.5 cents per jewel (if any).

Sincerely,

John Durant, Director