CLA-2 CO:R:C:M 957163 RFA

8544.41.00;
9013.80.60

Mr. Patrick Kennedy
McKenney, Thomsen & Burke LLP
One North Charles Street
Suite 400
Baltimore, MD 21201

RE: Unassembled flat-panel display units for laptop computers; GRI 2(a); ADP Output Display; Liquid Crystal Display (LCD); glass sandwich; Printed Circuit Boards (PCBs); flex cable; Integrated Circuit (IC); parts and accessories; HQs 953313, 952973, 952502, 951868, 951609

Dear Mr. Kennedy:

This is in response to your letter dated October 11, 1994, on behalf of Solectron Corporation, concerning the tariff classification of an unassembled automatic data processing (ADP) machine output display unit and its individual components under the Harmonized Tariff Schedule of the United States (HTSUS). Additional information provided by telephone to a member of my staff was also considered in preparing this ruling.

FACTS:

The merchandise consists of 6 printed circuit boards (PCBs), 8-14 tape automated bonding integrated circuits ("TAB ICs"), a liquid crystal display (LCD), a back light unit, plastic frame, and a flex cable, which, when assembled together, will form an automatic data processing (ADP) machine output display unit for laptop computers. Two of the PCBs will help control the intensity and the power supply for the back lighting of the display unit. The other 4 PCBs will control various functions of the display unit's LCD. None of the PCBs contain a central processing unit (CPU) chip. The TAB ICs are made of polyamide and are designed to permit the necessary interfaces between the display unit and the laptop computer (i.e., row and column drivers). The LCD is an array cell which includes the required filters and is enveloped between 2 pieces of glass ranging from 6 to 14 inches, diagonally. The back light unit, which provides the light necessary for the LCD to emit a visual display, consists of a hard plastic unit ranging from 6 to 14 inches, diagonally, with 2 tubular fluorescent bulbs, approximately 6 inches in length. The plastic frame which measures 8 to 16 inches, diagonally, holds the LCD and the back light unit in place. The flex cable, made of polyamid, acts as an electrical conductor with a voltage not exceeding 80 volts. The flex cable contains the connectors for the display unit to the laptop computer.

You requested classification of the merchandise when all of the components are entered together and when each component is entered separately. ISSUE:

Are the components when entered together classifiable as an unassembled ADP output display unit under the HTSUS? How are the components classified when entered separately?

LAW AND ANALYSIS:

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

Customs has consistently recognized that automatic data processing (ADP) machine LCD flat panel displays (laptop and notebook computer displays) typically exhibit the following characteristics: a pixel configuration of 640 x 480, a dot pitch of from .27 to .30mm, a thin profile, light weight, a specific liquid crystal material mix (150 to 200 milliseconds response time signal to signal), and low power consumption (5 V). See HQ 953313, dated May 10, 1993; HQ 952502, dated March 18, 1993; HQ 952973, dated August 5, 1993; .

According to the information provided, the subject LCD panels meet the criteria of ADP flat panel displays for notebook and laptop computer displays because they have a pixel configuration of 640 x 480, a power consumption of 4.75 to 5.25 V, a dot pitch of .33mm, etc.. You further indicate that the individual components when entered together constitute a complete ADP output display unit, requiring only a simple assembly. GRI 2(a) provides that:

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

The Harmonized Commodity Description and Coding System Explanatory Notes (EN) constitute the Customs Cooperation Council's official interpretation of the HTSUS. While not legally binding, the ENs provide a commentary on the scope of each heading of the HTSUS and are generally indicative of the proper interpretation of these headings. See T.D. 89-80, 54 FR 35127, 35128 (August 23, 1989). ENs to GRI 2(a), page 2, states in pertinent part:

(V) The 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.

(VI) This Rule also applies to incomplete or unfinished articles presented unassembled or disassembled provided that they are to be treated as complete or finished articles by virtue of the first part of this Rule.

(VII) For 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.

You state that these components are shipped unassembled to avoid what would otherwise be a high damage rate. Therefore, we can conclude that these displays are presented unassembled for the convenience of "packing, handling or transport." Furthermore, the displays are completed with the addition of some screws or other "fixing devices", requiring only simple assembly operations. Based upon GRI 2(a), we find that the merchandise has the essential character of unassembled ADP output display units because all of the necessary electronics are imported in the same shipment. See HQs 953313, 952502, 952973. They are classifiable under subheading 8471.92.30, HTSUS, which provides for:

Automatic data processing machines and units thereof; . . . : [o]ther: [i]nput or output units, whether or not entered with the rest of a system and whether or not containing storage units in the same housing: [o]ther: [d]isplay units: [w]ithout cathode-ray tube (CRT), having a visual display diagonal not exceeding 30.5 cm . . . .

If the parts are entered separately, classification of the merchandise shall be determined based upon their condition as imported. If the LCD glass sandwich, which is a component part of an ADP display for notebook and laptop computers, is entered without any of the other components such as ICs, diffuser, back light, plastic chassis, and connection wire and connectors, we find that the LCD glass sandwich alone does not impart the essential character of a complete ADP output display unit. See HQ 951868, dated October 31, 1992; HQ 951609, dated October 20, 1992; HQ 952973.

Classification of the LCD glass sandwiches under heading 8473, HTSUS, as parts of ADP machines was suggested. Section XVI, Legal Note 1(m), HTSUS, states in pertinent part: "This section does not cover: . . . Articles of chapter 90." Therefore, if the subject LCD glass sandwich is classifiable in chapter 90, HTSUS, it is not classifiable anywhere in Section XVI, HTSUS. Heading 9013, HTSUS, specifically provides for: "liquid crystal devices not constituting articles provided for more specifically in other headings."

It is Customs position that heading 9013, HTSUS, which specifically provides for LCDs is more specific than heading 8473, HTSUS, which provides for the plethora of parts for the machines of headings 8469 to 8472, HTSUS. See HQs 951868, 951609. The subject LCDs are classifiable under subheading 9013.80.60, HTSUS, which provides for: "Liquid crystal devices not constituting articles provided for more specifically in other headings . . . : [o]ther devices, appliances and instruments: [o]ther . . . ." The column one, general rate of duty is 8.1 percent ad valorem.

According to the information provided, two of the PCBs will help control the intensity and the power supply for the back lighting of the display unit. The other four PCBs will control various functions of the display unit's LCD. Because none of the PCBs contain a CPU chip, we find that they are classifiable under subheading 8473.30.10, HTSUS, which provides for: "Parts and accessories of the machines of heading 8471: [n]ot incorporating a cathode ray tube: [p]rinted circuit assembles, other than for power supplies for automatic data processing machines. . . " The column one, general rate of duty is free.

The back light unit and the plastic frame are principally designed to be incorporated into an ADP output display unit. Therefore, they are classifiable under subheading 8473.30.50, HTSUS, which provides for: "Parts and accessories of the machines of heading 8471: [n]ot incorporating a cathode ray tube: [o]ther: [o]ther. . . ." The column one, general rate of duty is free. The TAB ICs are designed to permit the necessary interfaces between the display unit and the laptop computer (i.e., row and column drivers). They are provided for under subheading 8542.11.80, HTSUS, which provides for: "Electronic integrated circuits and microassemblies. . . : [m]onolithic integrated circuits: [d]igital: [o]ther. . . " The column one, general rate of duty is free.

The flex cable which acts as an electrical conductor with a voltage not exceeding 80 volts, contains the connectors for the display unit to the laptop computer. The flex cable is classifiable under subheading 8544.41.00, HTSUS, which provides for: "Insulated . . . wire, cable (including coaxial cable) and other insulated electric conductors . . . : [o]ther electric conductors, for a voltage not exceeding 80 V: [f]itted with connectors. . . . " The column one, general rate of duty is 4.8 percent ad valorem.

HOLDING:

Under the authority of GRI 2(a), we find that the merchandise, when entered unassembled, has the essential character of a complete ADP output display unit. The subject merchandise is classifiable under subheading 8471.92.30, HTSUS, which provides for: "Automatic data processing machines and units thereof; . . . : [o]ther: [i]nput or output units, whether or not entered with the rest of a system and whether or not containing storage units in the same housing: [o]ther: [d]isplay units: [w]ithout cathode-ray tube (CRT), having a visual display diagonal not exceeding 30.5 cm . . . . " The column one, general rate of duty is free.

Components of the subject ADP output display unit entered separately are classified in their respective headings as follows:

Description: HTSUS Subheading: LCD glass sandwich 9013.80.60 PCBs 8473.30.10 Back light unit 8473.30.50 Plastic frame 8473.30.50 TAB ICs 8542.11.80 Flex cable 8544.41.00


Sincerely,

John Durant, Director
Commercial Rulings Division