CLA-2 R:C:M 957723 KCC

Area Director
U.S. Customs Service
Building #77, JFK Airport
Room 228
Jamaica, New York 11430

RE: IA 2/95; liquid crystal devices; LCDs; 9013.80.60; liquid crystal devices not constituting articles provided for more specifically in other headings; HRLs 955447, 954788, 953115, 952502, 951288, 952360, 954638 and 955062; EN 90.13; signaling apparatus; EN 85.31

Dear District Director:

This is in regards to Internal Advice 2/95, initiated by counsel for Sanyo Semiconductor Corporation, in a letter to your office dated October 20, 1994, which concerns the tariff classification of liquid crystal displays under the Harmonized Tariff Schedule of the United States (HTSUS). We note that the National Import Specialists knowledgeable about liquid crystal displays visited a Sanyo facility to view samples and meet with counsel.

FACTS:

The liquid crystal displays (LCDs) at issue are referred to as fixed LCDs or icon-type LCDs, which are represented by model numbers LCD 9108H, LCD 9077JPH, and LCD 4192RF1. They are low character fixed displays showing limited information, i.e., numbers or symbols. These are relatively simple displays using icons, segments, bar graphs, and fixed text. The LCDs are fitted with electrical connectors. They do not contain a printed circuit board or any integrated circuits, but are inserted as one of many components on a circuit board inside the machine into which it is designed to be incorporated. The IA applicant describes this merchandise in their sales literature and on their commercial invoices as LCD panels. However, they state that there is not an industry-applied term for this particular type of LCD.

ISSUE:

Are the LCDs classified under subheading 8531.20.00, HTSUS, as "[e]lectric sound or visual signaling apparatus...[i]ndicator panels incorporating liquid crystal devices (LCD's)...", or under subheading 9013.80.60, HTSUS, as "[l]iquid crystal devices not constituting articles provided for more specifically in other headings..."?

LAW AND ANALYSIS:

The classification of merchandise under the HTSUS is governed by the General Rules of Interpretation (GRI's). GRI 1, HTSUS, states, in part, that "for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes...." The subheadings at issue are:

8531.20.00 Electric 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...Indicator panels incorporating liquid crystal devices (LCD's) or light emitting diodes (LED's)....

9013.80.60 Liquid crystal devices not constituting articles provided for more specifically in other headings; lasers, other than laser diodes; other optical appliances and instruments, not specified or included elsewhere in this chapter; parts and accessories thereof...Other devices, appliances and instruments...Other.

There is no dispute that the LCDs are limited by design and function to that of signaling and are, therefore, classifiable under heading 8531, HTSUS. Additionally, you contend that the LCDs are classifiable under subheading 9013, HTSUS, as liquid crystal devices not constituting articles provided for more specifically in other headings. You state that the industry frequently refers to the LCDs at issue as glass sandwiches. This classification opinion is based on Headquarters Ruling Letters (HRL) 955477 dated February 9, 1994, which classified glass sandwiches under subheading 9013.80.60, HTSUS, and Explanatory Note (EN) 90.13 (pg. 1478), which states:

(1) Liquid crystal devices consisting of a liquid crystal layer sandwiched between two sheets or plates of glass or plastics, whether or not fitted with electrical connections, presented in the piece or cut to special shapes and not constituting articles described more specifically in other headings of the Nomenclature (emphasis in original).

In understanding the language of the HTSUS, the Harmonized Commodity Description and Coding System (HCDCS) ENs may be consulted. The ENs, although not dispositive, provide a commentary on the scope of each heading of the HTSUS and are generally indicative of the

proper interpretation of the HTSUS. See, T.D. 89-90, 54 Fed. Reg. 35127, 35128 (August 23, 1989).

We are of the opinion that the glass sandwiches classified under subheading 9013.80.90, HTSUS, in HRL 955477 are not similar to the LCDs at issue. Glass sandwiches are incomplete units which generally are not dedicated to a particular function at the time of importation. In HRL 955447, as imported, the glass sandwiches required row and column drivers to be installed in order for the unit to operate as designed. The LCDs at issue do not require row and column drivers because they are not organized to display information in rows or columns. We note that the LCDs at issue, appear, by visual inspection, to be glass sandwiches. However, as imported, they are workable, complete LCDs without a power source which, by design, do not require row and column drivers to function. Moreover, the LCDs do not require integrated circuits containing software to define what the displayed graphics or numbers will look like because all the graphics and numbers that will be displayed on the LCDs are ingrained into the LCDs themselves. Everything that is needed to enable the LCDs to function, other than a power source, is included in the LCDs at the time of importation. Therefore, it is our opinion that the LCDs are not classifiable as glass sandwiches under subheading 9013.80.90, HTSUS.

We agree with the IA applicant that the LCDs at issue are specifically described under subheading 8531.20.00, HTSUS, as "[e]lectric sound or visual signaling apparatus...[i]ndicator panels incorporating liquid crystal devices (LCD's)...." Only those LCD's which are principally used and/or limited by design to "signaling" are classifiable under subheading 8531.20.00, HTSUS. See, HRL 954788 dated December 1, 1993, HRL 953115 dated May 10, 1993, HRL 952502 dated March 18, 1993, HRL 952360 dated October 15, 1992, HRL 951868 and HRL 951288. The articles under consideration are complete, workable LCDs which present limited indication information to a user, i.e., a feature is in use, battery usage, administration of medication, etc. This type of indication information is similar to the types of limited indication functions enumerated in EN 85.31 (1381). Therefore, the LCDs are principally used for visual signaling, and are classifiable under subheading 8531.20.00, HTSUS. See also, HRL 955062 dated March 21, 1994 (global positioning, traffic signal controller, portable data collector, lottery system, pipeline monitoring, gasoline pump indicator, and medical, measurement and industrial instruments), HRL 954638 dated December 2, 1993 (electronic price tags, medical instrumentation, diving equipment, camera controls, and industrial controls) and HRL 953115 dated May 10, 1993 (avionics LCDs for collision avoidance systems), which classified LCDs with limited operational capabilities for signaling functions under subheading 8531.20.00, HTSUS, as signaling apparatus.

HOLDING:

The LCDs, represented by model numbers LCD 9108H, LCD 9077JPH, and LCD 4192RF1, are classified under subheading 8531.20.00, HTSUS, as "[e]lectric sound or visual signaling apparatus...[i]ndicator panels incorporating liquid crystal devices (LCD's)...." The corresponding duty rate for articles of this subheading is 2.4 percent ad valorem.

This decision should be mailed by your office to the internal advice requester no later than 60 days from the date of this letter. On that date the Office of Regulations and Rulings will take steps to make the decision available to Customs personnel via the Customs Rulings Module in ACS and the public via the Diskette Subscription Service, Freedom of Information Act and other public access channels.

Sincerely,

John Durant, Director
Commercial Rulings Division