CLA-2 CO:R:C:M 951327 MBR

8473.29.00 HTSUS; 684.58 TSUS, 8517.90.30 HTSUS;
685.90 TSUS, 8538.90.00 HTSUS; 712.49 TSUS,
9027.90.__ HTSUS

District Director
U.S. Customs
909 First Ave., Rm 2039
Seattle, WA 98174

RE: Protest No. 3004-90-000198; Keytops; TSUS; HTSUS; Parts

Dear Sir:

This is our response to Protest No. 3004-90-000198, dated July 5, 1990, regarding classification of various keytops, under the Tariff Schedules of the United States (TSUS) and the Harmonized Tariff Schedule of the United States (HTSUS).

FACTS:

The instant protest includes keytops imported by Comptec International, Ltd., designed for and dedicated as parts of certain machines which include Computer/ADP machines, point of sale terminals, telephonic apparatus, control devices, automatic teller terminals, and instrumentation devices.

ISSUE:

What is the classification of various dedicated keytops under the Tariff Schedules of the United States (TSUS), and the Harmonized Tariff Schedule of the United States (HTSUS)?

LAW AND ANALYSIS:

Through discussions with the importer and an examination of samples, Customs has determined that the instant keytops are not interchangeable. From the evidence before us we have determined that each keytop is a dedicated part of a specific device, and is classifiable as such. There are no eo nomine provisions for keytops in either the TSUS or HTSUS.

The importer argues that, under the TSUS, all keytops are of the same class or kind and should be classified under the doctrine of chief use, in the provision for parts of ADP machines. However, it is Customs position that these are dedicated keytops for certain types of machines, and each type constitutes a "class" or "kind." Therefore, for instance, there is a class of keytops that are exclusively used for ADP machines, a class of keytops that are exclusively used for telephones, etc.

Under the HTSUS, the importer again argues that Comptec's keytops are "principally" used for ADP machines, therefore, they argue that all of Comptec's keytops should be classifiable as parts of ADP machines.

However, classification of parts in Section XVI is governed by Legal Note 2. (a), (b), and (c) which states:

2. Subject to note 1 to this section, note 1 to chapter 84 and to note 1 to chapter 85, 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 chapters 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. However, parts which are equally suitable for use principally with the goods of headings 8517 and 8525 to 8528 are to be classified in heading 8517;

(c) All other parts are to be classified in heading 8485 or 8548.

As noted above, the instant keytops are not interchangeable. In their condition as imported, each keytop is suitable for use solely or principally with a particular type of machine, and thus, pursuant to Legal Note 2.(b), must be classified with machines of that kind. Only keytops suitable for use solely or principally with ADP machines (or units thereof) may be classified as parts of ADP machines. A finding that ADP machines may use more keytops than any other class of machines does not require that all classes of keytops are solely or principally used with ADP machines.

Therefore, we have determined the appropriate classifications for dedicated keytops to be as follows:

ADP Keyboard Keytops/Other ADP Unit Keytops..676.54 TSUS 8473.30.40 HTSUS

Point of Sale Terminal Keytops...............676.54 TSUS 8473.29.00 HTSUS

Telephonic Apparatus Keytops.................684.58 TSUS 8517.90.30 HTSUS

Control Device Keytops.......................685.90 TSUS 8538.90.00 HTSUS

Instrumentation Device Keytops...............712.49 TSUS 9027.90.__ HTSUS HOLDING:

The classification of dedicated keytops is as follows: ADP Keyboard Keytops/Other ADP Unit Keytops 676.54 TSUS, 8473.30.40 HTSUS; Point of Sale Terminal Keytops 676.54 TSUS, 8473.29.00 HTSUS; Telephonic Apparatus Keytops 684.58 TSUS, 8517.90.30 HTSUS; Control Device Keytops 685.90 TSUS, 8538.90.00 HTSUS; Instrumentation Device Keytops 712.49 TSUS, 9027.90.__ HTSUS.

You should deny the protest, except to the extent reclassification of the merchandise as indicated above results in a partial allowance. 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