CLA-2 OT:RR:CTF:TCM H049555 RM
9013.80.90
M. Jason Cunningham, Esq.
Sonnenberg & Anderson
125 S. Wacker Drive, Suite 1825
Chicago, IL 60606
RE: Tariff Classification of LCD Modules
Dear Mr. Cunningham:
This is in response to your letter, dated December 02, 2008, to the National Commodity Specialists Division of U.S. Customs and Border Protection (“CBP”) in which you requested a binding ruling, on behalf of Optrex America, Inc., on the tariff classification of certain liquid crystal display (“LCD”) modules under the Harmonized Tariff Schedule of the United States (“HTSUS”). Your request was forwarded to this office for a response. In reaching this decision, we reviewed the product samples and schematics included with the submission.
FACTS:
Optrex America, Inc., proposes to import LCD modules for a variety of applications. Two types of modules are at issue: (1) the “A” prefix modules
(models A-55362GZU-T-ACN and A-55361GZU-T-CAN) and (2) the “T” prefix modules (models T-51440GL070H-FW-AF, T-51863D150J-FW-A-AA and T-55336D175J-FW-A-AAN).
The “A” prefix modules are LCD character displays used in automobiles. They contain drive circuitry capable of illuminating segments, characters or icons, but require an external microprocessor to instruct the drive circuitry to turn on or off. Model A-55362GZU-T-ACN is an automotive LCD radio display with message center capacity for Bluetooth connection status, climate control, a clock, and a compass. It contains approximately 25 segment-style characters, most of which display a full range of numbers and letters, and 50 permanently etched icons. The display measures approximately 7 inches in length, 2.5 inches in height, and 1 mm in thickness. Model A-55361GZU-T-ACN is an automotive LCD message display with radio, climate, and other limited display capabilities. It contains approximately 72 segment-style characters, most of which are capable of displaying a full range of numbers and letters, and 60 permanently etched icons. The display measures approximately 7 inches in length, 2.75 inches in height, and 1 mm in thickness.
The “T” prefix modules are thin-film transistor (“TFT”) LCD graphic displays for monitors of various types. As imported, the devices are not complete monitors; they contain drive circuitry, but lack a controller chip or card required to process signals. Models T-51863D150J-FW-A-AA and T-55336D175J-FW-A-AAN also lack an external power supply. Model T-51440GL070H-FW-AF is a 7 inch, 480 x 234 color display for automobile entertainment monitors. It is composed of a TFT cell, driver integrated circuits (“ICs”), a timing controller IC, a backlight unit, an inverter DC/DC converter, and a video circuit. Model T-51863D150J-FW-A-AA, is a 15 inch, 1034 x 768 XGA color display for monitors used in aviation and marine applications. It is composed of a TFT cell, driver ICs, a control circuit, a backlight unit, and a DC/DC converter. Model T-55336D175J-FW-A-AAN, is a 17.5 inch, 1280 x 768 WXGA color display for monitors used in medical and aviation applications. It is composed of a TFT cell, driver ICs, a control circuit, a backlight unit, and a DC/DC converter.
ISSUE:
What is the proper tariff classification of the LCD modules under the HTSUS?
LAW AND ANALYSIS:
The classification of merchandise under the HTSUS is governed by the General Rules of Interpretation ("GRIs"). GRI 1 provides, in part, that "for legal purposes, classification shall be determined according to terms of the headings and any relative section or chapter notes[.]" In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRIs may then be applied in order.
The 2009 HTSUS headings under consideration are as follows:
8531 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:
8531.20.00 Indicator panels incorporating liquid crystal devices (LCD’s) or light emitting diodes (LED’s) …
* * *
9013 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:
9013.80 Other devices, appliances and instruments:
9013.80.70 Flat panel displays other than for articles of heading 8528, except subheadings 8528.51 or 8528.61 …
9013.80.90 Other …
LCDs are prima facie classifiable in the following HTSUS headings: 8528, which provides for monitors and projectors not incorporating television reception apparatus; 8531, which provides for electric sound or visual signaling apparatus; and 9013, which provides for liquid crystal devices not provided for more specifically in other headings. By the terms of heading 9013, HTSUS, CBP first considers classification in headings 8528 and 8531, HTSUS. If an LCD does not meet the terms of those headings, it is classified in heading 9013, HTSUS. See Sharp Microelectronics Technology, Inc. v. United States, 932 F.Supp. 1499 (Ct. Int’l. Trade 1996), aff’d, 122 F.3d 1446 (Fed. Cir. 1997). See also Headquarters Ruling Letter (“HQ”) 959175, dated November 25, 1996.
The “A” Prefix LCD Character Modules
You submit that the “A” prefix LCD character modules are classified in subheading 8531.20.00, HTSUS, as “Electric sound or visual signaling apparatus …: Indicator panels incorporating liquid crystal devices (LCD’s).”
Heading 8531, HTSUS, provides, in relevant part, for “Electric sound or visual signaling apparatus … other than those of heading 8512 or 8530.” The heading is a “use provision” subject to Additional U.S. Rule of Interpretation 1(a), which states that “[a] tariff classification controlled by use (other than actual use) is to be determined in accordance with the use in the United States at, or immediately prior to, the date of importation, of goods of that class or kind to which the imported goods belong, and the controlling use is the principal use.” See HQ 951288, dated July 7, 1992.
It is well established that only those LCDs which are limited by design and/or principal use to “signaling” are classifiable in heading 8531, HTSUS. See Optrex America, Inc. v. United States, 427 F. Supp. 2d 1177 (Ct. Int’l Trade 2006), aff’d, 475 F.3d 1367 (Fed. Cir. 2007) (“Optrex”). See also, HQ H02661, dated July 8, 2008, HQ H012694, dated August 31, 2007, and HQ H003880, dated March 27, 2007. In Optrex, the Court of International Trade (“CIT”) explained that to be classified as an indicator panel incorporating LCDs under heading 8531, HTSUS, “the article must belong to the class or kind of merchandise that is principally used to display limited information that is easily understood by the person viewing it.” Optrex, 427 F. Supp. 2d at 1198. Further, the CIT accorded the “80 character rule” – guidance developed by CBP to determine whether a character display module is principally used for signaling – “some deference” under Skidmore v. Swift & Co., 323 U.S. 134 (1944), as a reasonable interpretation. According to the 80 character rule, if a character display module can display no more than 80 characters, then, in the absence of any information to the contrary, it is deemed to belong to the class or kind of merchandise that is principally used for signaling. Optrex, at 1199.
In addition, the Harmonized Commodity Description and Coding System Explanatory Notes (“ENs”) to heading 8531 are fairly descriptive and restrictive as to the type of “signaling” indicator panels and the like must perform in order to be classified in that provision. EN 85.31 states, in relevant part:
This heading includes, inter alia:
(D) Indicator panels and the like. These are used (e.g., in offices, hotels and factories) for calling personnel, indicating where a certain person or service is required, indicating whether a room is free or not. They include:
Room indicators. These are large panels with numbers corresponding to a number of rooms.
Number indicators. The signals appear as illuminated figures on the face of a small box; in some apparatus of this kind the calling mechanism is operated by the dial of a telephone. Also clock type indicators in which the numbers are indicated by a hand moving round a dial.
Office indicators, for example, those used to indicate whether the occupant of a particular office is free or not.
Lift indicators. These indicate, on an illuminated board, where the lift is and whether it is going up or down. etc.
In Optrex, the court classified LCD segmented character modules with permanently etched icons capable of displaying no more than 80 characters, and containing drive circuitry, in heading 8531, HTSUS, as signaling apparatus. See Optrex, 427 F. Supp. 2d at 1199, aff’d, 475 F.3d 1367 (Fed. Cir. 2007). The instant “A” prefix LCD character modules are similarly operationally limited to performing signaling functions. They contain permanently etched icons that display, in 80 characters or less, limited information of the type an automobile driver would easily understand, e.g., velocity in miles per hour, the time, the temperature, music controls, etc. Moreover, they include the drive circuitry necessary to illuminate a particular segment, character or icon in the LCD based on signals transmitted from an external microprocessor. The functions performed by these modules are akin to those performed by the products listed as exemplars in the ENs to heading 8531. As such, we conclude that the “A” prefix modules are classified in heading 8531, HTSUS, as signaling apparatus.
II. The “T” Prefix TFT Graphic Display Modules
You submit that the “T” prefix TFT graphic display modules are classified in subheading 9013.80.70, HTSUS, as “Liquid crystal devices not constituting articles provided for more specifically in other headings; …: Other devices, appliances and instruments: Flat panel displays other than for articles of heading 8528, except subheadings 8528.51 or 8528.61 [of a kind solely or principally used in an automatic data processing (“ADP”) system of heading 8471].” As noted above, an LCD can only be classified in 9013, HTSUS, if it is not more specifically described elsewhere, namely, in heading 8528, HTSUS, as monitors, or in heading 8531, HTSUS, as signaling apparatus.
Heading 8528, HTSUS, provides, in pertinent part, for “Monitors and projectors, not incorporating television reception apparatus.” To be classified as a monitor, a device must be capable of accepting, processing, and transmitting video or ADP signals. The subject modules cannot be classified as monitors because, as imported, they lack the necessary circuitry to accept, process, and transmit a video or ADP signal. The modules are also beyond the scope of heading 8531, HTSUS, which provides for signaling apparatus, because their use is not limited to that of signaling. That is, if connected to the appropriate controller circuitry, they can display an unlimited number of images. Accordingly, we turn to heading 9013, HTSUS.
Heading 9013, HTSUS, provides, in pertinent part, for “Liquid crystal devices not constituting articles provided more specifically in other headings.” LCDs of heading 9013, HTSUS, can be classified under one of two subheadings: 9013.80.70 or 9013.80.90. Subheading 9013.80.70, HTSUS, provides for: “Other devices, appliances and instruments: Flat panel displays other than for articles of heading 8528, except subheadings 8528.51 or 8528.61 [of a kind solely or principally used in ADP system of heading 8471].”
The “T” prefix modules are flat panel displays for use in monitors of heading 8528, HTSUS. You did not provide sufficient evidence to show that the modules are “for” articles of subheadings 8528.51 (of a kind solely or principally used with an ADP system) or 8528.61 (projection monitors). Accordingly, the exception to subheading 9013.80.70, HTSUS, does not apply. We conclude that the modules are classified in subheading 9013.80.90, HTSUS, as: “Liquid crystal devices not constituting articles provided for more specifically in other headings; …: Other devices, appliances and instruments: Other.”
HOLDING:
By application of GRI 1, the “A” prefix LCD modules, models A-55362GZU-T-ACN, A-55361GZU-T-ACN, are classified in heading 8531, specifically in subheading 8531.20.00, HTSUS, which provides for “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) for light emitting diodes (LED’s).” The 2009 column one, general rate of duty is Free.
By application of GRI 1, the “T” prefix TFT graphic display modules, models T-51440GL070H-FW-AF, T-51863D150J-FW-A-AA, and T-55336D175J-FW-A-AAN, are classified in heading 9013, specifically in subheading 9013.80.90, HTSUS, which provides for “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.” The 2009 column one, general rate of duty is 4.5 percent ad valorem.
Duty rates are provided for convenience only and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on the World Wide Web at www.usitc.gov/tata/hts/.
A copy of this ruling letter should be attached to the entry documents filed at the time the goods are entered. If the documents have been filed without a copy, this ruling should be brought to the attention of the CBP officer handling the transaction.
Sincerely,
Gail A. Hamill, Chief
Tariff Classification and Marking Branch