CLA-2 RR:CR:GC 965162 JAS
Port Director of Customs
10 Causeway St., Suite 603
Boston, MA 22220
RE: Protest 0401-00-100221; Laser Welding System
Dear Port Director:
This is our decision on Protest 0401-00-100221, filed by
GSI Lumonics against your classification, under the Harmonized Tariff Schedule of the United States (HTSUS), of a laser welding system. The entry was liquidated on May 26, 2000, and this protest timely filed on
July 27, 2000. Accompanying the protest is a submission, dated July 25, 2000.
The only description and/or identification of the merchandise is contained in a commercial invoice 603548, which identifies a ND:YAG laser, a CCTV camera, a 50 mm x 100 mm lens and the designation “fiber 600 x 10 m.” These components are said to comprise a laser welding system.
The entry summary indicates that the goods were entered under subheading 9013.20.00, HTSUS, as lasers, other than laser diodes. The entry was liquidated under this provision. On protest, the claim is under subheading 8515.80.00, HTSUS, as other electric laser soldering, brazing or welding machines and apparatus. However, while the July 25, 2000, submission describes complete laser welding machines for use in the automotive, aerospace and general manufacturing industries, the protestant has not established that the submission relates to the merchandise in this protest.
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The HTSUS provisions under consideration are as follows:
8515 Electric…laser...welding machines and apparatus, whether or not capable of cutting;...:
8515.80.00 Other machines and apparatus
* * * *
9013 [l]asers, other than laser diodes; other optical appliances and instruments...:
9013.20.00 Lasers, other than laser diodes
Whether the laser welding system is a good of heading 8515 or a good of heading 9013.
LAW AND ANALYSIS:
Under General Rule of Interpretation (GRI) 1, Harmonized Tariff Schedule of the United States (HTSUS), goods are to be classified according to the terms of the headings and any relative section or chapter notes, and provided the headings or notes do not require otherwise, according to GRIs 2 through 6.
Under 19 U.S.C. 1514(c)(1), a protest of a decision under subsection (a) of section 1514 must set forth distinctly and specifically each decision as to which protest is made. In addition, section 174.13(a)(6) of the Customs Regulations (19 CFR 174.13(a)(6)) requires that a protest state the nature of, and justification for, the objection set forth distinctly and specifically with respect to each decision.
The scope of review in a protest filed under 19 U.S.C. 1514 is limited to the administrative record. Customs will consider all relevant allegations that are supported by competent evidence. In acting on a protest, however, Customs lacks the legal authority to assume facts and arguments that are not presented and, therefore, not in the official record.
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In this case, protest is properly made against your decision to liquidate the entry in question under subheading 9013.20.00, Harmonized Tariff Schedule of the United States (HTSUS), as lasers, other than laser diodes. However,
protestant has submitted no evidence to support the claim that the merchandise in this protest constitutes a laser welding system classifiable under subheading 8515.80.00, HTSUS, nor is there other evidence of record from which we can independently determine the validity of the claim.
However, HQ 962218, dated April 30, 1999, classified a laser welding machine in subheading 9013.20.00, HTSUS. The machine consisted of the laser head, air cooling and exhaust systems, gas supply, welding chamber, together with a binocular eyepiece. In rejecting a claim under subheading 8515.80.00, HTSUS, the decision cited Section XVI, Note 1(m), HTSUS, which excluded from heading 8515 goods of chapter 90 (i.e., subheading 9013.20.00). For tariff purposes, lasers of heading 9013 generally incorporate certain auxiliary components of the type described in HQ 962218. The principles of that decision are incorporated herein by reference.
Based on protestant’s failure to comply with the requirements of 19 CFR 174.13(a), the protest should be DENIED. In accordance with Section 3A(11)(b) of Customs Directive 099 3550-065, dated August 4, 1993, Subject: Revised Protest Directive, you should mail this decision, together with the Customs
Form 19, and a copy of HQ 962218, to the protestant no later than 60 days from the date of this letter. A copy of HQ 962218 is enclosed.
Any reliquidation of the entry or entries in accordance with the decision must be accomplished prior to mailing the decision. Sixty days from the date of the decision 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 to the public via the Diskette Subscription Service, the Freedom of Information Act and other public access channels.
John Durant, Director
Commercial Rulings Division