CLA-2 CO:R:C:M 951042 MBR
District Director
U.S. Customs Service
111 West Huron St.
Buffalo, New York 14202
RE: Protest No. 0901-90-950049; MicroCom Transmitter; Rochester
Instrument Systems, Inc.; 8517; Telegraphic Apparatus
Dear Sir:
This is our response to Protest Number 0901-90-950049, dated
June 1, 1990, and Application for Further Review, regarding the
classification of the MicroCom Transmitter, under the Harmonized
Tariff Schedule of the United States (HTSUS).
FACTS:
The MicroCom Multiplexing System consists of the RiS MicroCom
transmitter and receiver modules which deliver up to 64 channels
of alarm or process monitoring signals per module, all multiplexed
onto a single pair of wires.
RiS also offers a printer module to provide a permanent record
of events. Alarms and events are time tagged in the actual
sequential order in which they happen, allowing tighter control,
and correct event analysis of alarms that have occurred in a
system.
All three modules - transmitter, receiver and printer - are
designed to fit into the RiS AN-3100 annunciator, providing fast,
flexible mechanical and electrical interfacing with an AN-3100
annunciator system.
ISSUE:
Is the MicroCom Transmitter properly classified under
subheading 8517.82.00, HTSUS, under subheading 8531.90.00, HTSUS,
or under subheading 9032.81.00, HTSUS?
-2-
LAW AND ANALYSIS:
The General Rules of Interpretation (GRI's) to the HTSUS
govern the classification of goods in the tariff schedule. GRI 1
states, in pertinent part:
...classification shall be determined according to the terms
of the headings and any relative section or chapter notes...
The MicroCom Transmitter is prima facie classifiable under the
following subheadings:
8517 Electrical apparatus for line telephony or telegraphy...
8517.82.00 Other apparatus: Telegraphic
* * * * * * * * * * * * * *
8531 Electric sound or visual signaling apparatus...
8531.90.00 Parts
* * * * * * * * * * * * * *
9032 Automatic regulating or controlling instruments and apparatus
9032.81.00 Other instruments and apparatus
Neither the MicroCom Transmitter, nor the entire functional
unit (annunciator system) are properly classifiable in heading
9032, HTSUS, because neither actually regulates or controls
anything. While they may generate alarms and record incidents,
they do not themselves, regulate or control anything.
It is the opinion of this office that the entire annunciator
system would be classifiable as a functional unit, pursuant to
Section XVI, Legal Note 4, which states:
Where a machine (including a combination of machines) consists
of individual components (whether separate or interconnected
by piping, by transmission devices, by electric cables or by
other devices) intended to contribute to a clearly defined
function covered by one of the headings in chapter 84 or
chapter 85, then the whole falls to be classified in the
heading appropriate to that function.
The "clearly defined function" of the annunciator system is
described in heading 8531, HTSUS, which provides for electric sound
or visual signaling apparatus. However, the MicroCom Transmitter,
imported by itself, could only be described in subheading
8531.90.00, HTSUS, which provides for parts of electric sound or
visual signalling apparatus.
-3-
The MicroCom Transmitter, imported by itself, is also
described in subheading 8517.82.00, HTSUS, which provides for:
"Electrical apparatus for line telephony or telegraphy...: Other
apparatus: Telegraphic."
Customs has consistently classified similar telegraphic
transmission apparatus under heading 8517, HTSUS, which provides
for: "[e]lectrical apparatus for line telephony or telegraphy."
See HQ 089355, dated January 7, 1992, HQ 089596, dated September
17, 1991, HQ 089597, dated September 5, 1991, HQ 089277, dated
August 14, 1991, HQ 089227, dated July 24, 1991, HQ 086035, dated
August 2, 1990, HQ 086478, dated April 9, 1990, HQ 087468, dated
January 8, 1991, HQ 086615, dated April 20, 1990, HQ 085661, dated
February 15, 1990, and NY 852403, dated May 31, 1990.
Heading 8517, HTSUS, specifically includes line telegraphy for
the transmission of symbols representing written messages, images
or other data. The definition of "telegraphic apparatus" is found
within the Harmonized Commodity Description and Coding System
Explanatory Notes (ENs) to 85.17, p. 1362, which states:
This is essentially designed for converting texts or images
into appropriate electrical impulses, for transmitting those
impulses, and at the receiving end, receiving these impulses
and converting them either into conventional symbols or
indications representing the text, or into the text or image
itself. (Emphasis added).
Therefore, subheading 8517.82.00, HTSUS, is not limited to
facsimile machines, as the importer contends. A whole range of
merchandise has been found to be classifiable in this provision,
since they are specifically designed for the transmission of
signals between two points, representing speech or other data.
Pursuant to Section XVI, Legal Note 2(a), parts which are
goods included in any of the headings of chapters 84 and 85 (other
than headings 8485 and 8548) are in all cases to be classified in
their respective headings. Therefore, the MicroCom Transmitter is
classifiable in subheading 8517.82.00, HTSUS, which provides for
electrical apparatus for line telegraphy in the heading, rather
than subheading 8531.90.00, HTSUS, which provides for parts.
HOLDING:
The MicroCom Transmitter, imported separately from the entire
annunciator system, is classifiable in subheading 8517.82.00,
HTSUS, which provides for: "Electrical apparatus for line telephony
or telegraphy...: Other apparatus: Telegraphic."
-4-
The protest should be denied. A copy of this decision should
be attached to the Customs Form 19 and provided to the protestant
as part of the notice of action on the protest.
Sincerely,
John Durant, Director
Commercial Rulings Division