CLA-2 CO:R:C:M 950357 KCC

Ms. Kathy Young
Panalpina, Inc.
P.O. Box 502
Greer, South Carolina 29652

RE: Cloth Guiders; Stenter Guiders; GRI 1; En 84.48; weaving and knitting machines; auxiliary machine; Note 2, Section XVI; stentering machine; part; 9031.90.60; Note 2 to Chapter 90; EN 90.31

Dear Ms. Young:

This is in response to your letter dated September 20, 1991, concerning the tariff classification of various models of cloth guiders and stenter guiders under the Harmonized Tariff Schedule of the United States (HTSUS).

FACTS:

The merchandise under consideration is cloth guiders Model KF 12, KF 20, and KF 4, and stenter guiders Model KRA 50 and KRA 48 which are designed for positioning fabric on a machine and for checking the fabric while it is running. The various models of cloth and stenter guiders consist of a sensing unit with an auxiliary drive and L.E.D. function/indicator and are designed for use with either stentering, knitting or weaving machines. The sensing devices for the cloth guiders are either mechanical, opto-electronic, or wide band sensors. The sensor signal controls the position of a diaphragm or a solenoid which causes the moving roller to be pressed against the fixed roller. If the fabric web moves outward pressure is released; if the web moves inward, pressure is applied.

You are currently classifying the cloth and stenter guiders under subheading 9031.90.60, HTSUS, which provides for "Measuring or checking instruments, appliances and machines, not specified or included elsewhere in this chapter; profile projectors; parts and accessories thereof...Parts and Accessories...Other."

ISSUE:

Are the cloth guiders and stenter guiders properly classified as parts, accessories or auxiliary machines under chapter 84, HTSUS or are they measuring instruments of chapter 90, HTSUS?

LAW AND ANALYSIS:

The classification of merchandise under the HTSUS is governed by the General Rules of Interpretation (GRI's). GRI 1, HTSUS, requires that classification be determined first according to the terms of the headings of the tariff and any relative section or chapter notes and, unless otherwise required, according to the remaining GRI's, taken in order.

The cloth guiders are designed to be used with knitting and weaving machines. Knitting machines are classified under heading 8447, HTSUS, and weaving machines are classified under heading 8446, HTSUS. Heading 8448, HTSUS, provides for auxiliary machinery of headings 8447 and 8446, HTSUS. Explanatory Note (EN) 84.48 of the Harmonized Commodity Description and Coding System (HCDCS) states that heading 8448, HTSUS covers:

All auxiliary machines and apparatus which exercise, either separately or concurrently, a function complementary to those of the machines of heading 84.44, 84.45, 84.46 or 84.47 (in particular spinning, weaving, knitting or embroidery machines). These auxiliary machines may either extend the possibilities of the main machines (as in the case of dobbies and Jacquards), or may perform mechanically a particular job necessary for the proper working of the main machine (as is the case with warp stop motions, weft stop motions, warp knotting machines)....

HCDCS, Vol. 3, p. 1250. The Explanatory Notes, although not dispositive, are to be looked to for the proper interpretation of the HTSUS. 54 Fed. Reg. 35127, 35128 (August 23, 1989). Specifically, the cloth guiders are properly classified under subheading 8448.19.00, HTSUS, as "Auxiliary machinery for use with Machines of heading 8444, 8445, 8446 or 8447 (for example, dobbies, Jacquards, automatic stop motions and shuttle changing mechanisms)...Other," which is dutiable at the Column 1 rate of 4.7 percent ad valorem. Auxiliary machines classified under this tariff provision may be eligible for the temporary elimination of duty pursuant to subheadings 9902.84.48, 9902.84.49, and 9902.84.50, HTSUS. However, since information as to the types of knitting and weaving machines the cloth guiders are used with was not furnished, we are unable to comment on the applicability of the Chapter 99, HTSUS, provisions.

The stenter guiders are designed to be used with stentering machines, which are classified under heading 8451, HTSUS. Heading 8451, HTSUS, is found within Section XVI, making the Section XVI Notes applicable to the classification of this merchandise. Note 2, Section XVI states that "parts of machines (not being parts of the articles of heading 8484, 8544, 8545, 8546 or 8547) are to be classified according to the following rules:

(a) Parts which are goods included in any of the headings of chapter 84 and 85 (other than headings 8485 and 8548) are in all cases to be classified in their respective headings; (b) Other parts, if suitable for use solely or principally with a particular kind of machine, or with a number of machines of the same heading (including a machine of heading 8479 or 8543) are to be classified with the machines of that kind...."

The stenter guiders are principally used with stentering machines. Based on Note 2(b), Section XVI, HTSUS, the stenter guiders are a part of a stentering machine and are properly classified with that machine. Therefore, the stenter guiders are properly classified under subheading 8451.90.00, HTSUS, as "Machinery (other than machines of heading 8450) for washing, cleaning, wringing, drying, ironing, pressing (including fusing presses), bleaching, dyeing, dressing, finishing...machines for reeling, unreeling, folding, cutting or pinking textile fabrics; parts thereof...Parts...," which is dutiable at the Column 1 rate of 5.1 percent ad valorem.

Subheading 9031.90.60, HTSUS, provides for "Measuring or checking instruments, appliances and machines, not specified or included elsewhere in this chapter; profile projectors; parts and accessories thereof...Parts and Accessories...Other." Note 2 to Chapter 90 states that "parts and accessories for machines, apparatus, instrument or articles of this chapter are to be classified according to the following rules:

(a) Parts and accessories which are goods included in any of the headings of this chapter or of chapter 84, 85 or 91 (other than heading 8485, 8548 or 9033) are in all cases to be classified in their respective headings; (b) Other parts and accessories, if suitable for use solely or principally with a particular kind of machine,instrument or apparatus, or with a number of machines, instruments or apparatus of the same heading (including a machine, instrument or apparatus of heading 9010, 9013 or 9031) are to be classified with the machines, instruments or apparatus of that kind...."

The cloth and stenter guiders are not the class or kind of merchandise contemplated by subheading 9031.90.60, HTSUS. The merchandise classifiable under this tariff provision such as machines for balancing mechanical parts, test benches, yarn grading winding reels (warp reels), torsiometers and torsiographs, spherometers, gear testing machines, etc., are the type of items which measure, check or test the quality or quantity of an item, or examine an item for defects or problems. See, EN 90.31, HCDCS, Vol. 4, p. 1529-1533. Although the guiders do sense the fabric as it passes by, the principal function of the guiders is for the positioning and guiding of the fabric and not for measuring or checking the quality or quantity of the fabric or to examine the fabric for defects or problems.

Moreover, according to Note 2 to Chapter 90, the cloth guiders which are specifically provided for as auxiliary machines of headings 8448 nd 8447 in heading 8448, HTSUS, are to be classified in that heading, and the stenter guiders which are suitable for use principally with a stentering machine of heading 8451, HTSUS, are to be classified in those headings. Accordingly, classification under subheading 9031.90.60, HTSUS, is inappropriate.

HOLDING:

The cloth guiders are properly classified under subheading 8448.19.00, HTSUS, as "...Auxiliary machinery for machines of heading 8444, 8445, 8446 or 8447...Other," which is dutiable at the Column 1 rate of 4.7 percent ad valorem.

The stenter guiders are properly classified under subheading 8451.90.00, HTSUS, as "...Parts...," which is dutiable at the Column 1 rate of 5.1 percent ad valorem.


Sincerely,

John Durant, Director
Commercial Rulings Division