CLA-2 CO:R:C:G 087699 JMH
District Director
U.S. Customs Service
Suite 200
Patrick V. McNamara Building
477 Michigan Ave.
Detroit, MI 48266
RE: Protest and Request for Further Review No. 3801-90-000031;
tool presetters with optical element used to measure and
check the lengths and diameters of the tool and toolholder
on various machine tools; measuring and checking appliances
and apparatus; optical instruments and apparatus; optical
elements; Chapter 90, Additional U.S. Note 3.
Dear Sir:
The following is our decision regarding the Protest and
Request for Further Review No. 3801-90-000031, dated January 5,
1990. At issue is the classification under the Harmonized Tariff
Schedule of the United States Annotated ("HTSUSA") of certain
tool preset machines imported from the Federal Republic of
Germany.
FACTS:
The articles in question are tool preset machines
manufactured by Gildenmeister-De Vleig in the Federal Republic of
Germany and imported by Universal Microbore of Frankenmuth,
Michigan. The machines measure and check the lengths and
diameters of tools and tool holders to accurately preset the
tools of boring machines, milling machines and other machine
tools. A comparison of the measurement of the tool and its
holder is checked against a zero reference position.
Featured on the tool preset machines are precision glass
measuring scales that utilize a photosensitive reading head for
determining a tool's length and diameter/radius. An optical
profile projector allows optical viewing of the tool and may
magnify the tool up to 20 times its actual size. Additionally,
each machine includes a precision spindle and a .0001-inch
-2-
resolution, two-axis digital readout for displaying and storing
up to 40 selectable tool dimensions. The machines are equipped
with electrical slide clamps that allow the preset operator to
maintain a position, or to clamp the length axis when traversing
the diameter axis (or visa versa). The measurements are
displayed on a two-axis digital readout. The operator is able to
adjust to a general length and diameter and then use the
photosensitive reading head and magnification to fine adjust the
axes to the tool point.
Upon entry, your port classified the tool presetters in
subheading 9031.40.00, HTSUSA, as "Measuring or checking
instruments, appliances and machines not specified or included
elsewhere in this chapter...Other optical instruments and
appliances..." The importer believes that the tool presetters
are properly classified in subheading 9031.80.00, HTSUSA, as
"Measuring or checking instruments, appliances and machines not
specified or included elsewhere in this chapter...Other
instruments, appliances and machines..."
ISSUE:
Whether the tool preset machines are "optical instruments
and appliances" in subheading 9031.40.00 or "other instruments,
appliances and machines" in subheading 9031.80.00.
LAW AND ANALYSIS:
The classification of merchandise under the HTSUSA is
governed by the General Rules of Interpretation (GRI's). GRI 1,
HTSUSA, states in part that "for legal purposes, classification
shall be determined according to the terms of the headings and
any relative section or chapter notes and...according ..to the
following provisions."
Neither the importer nor your office dispute that heading
9031, HTSUSA, is the appropriate heading in this instance.
Heading 9031 describes "Measuring or checking instruments,
appliances and machines not specified or included elsewhere in
this chapter..." The tool preset machines measure and check the
lengths and diameters of tool and tool holders. Thus, the sole
dispute concerns the appropriate subheading for the tool preset
machines.
GRI 6, HTSUSA, one of "the following provisions" mentioned
in GRI 1, requires that the GRI's be employed for the
determination of the subheading as they are for the determination
of the heading. Thus, the terms of the subheadings and the
section and chapter notes must again be examined.
-3-
Chapter 90, Additional U.S. Note 3, HTSUSA, states "the
terms "optical appliances" and "optical instruments" refer only
to those appliances and instruments which incorporate one or more
optical elements, but do not include any appliances or
instruments in which the incorporated optical element or elements
are solely for viewing a scale or for some other subsidiary
purpose." (emphasis added) Thus, if the optical element in the
tool presetters is used for a subsidiary purpose to the function
of the machine, then the tool presetters are not considered
optical appliances or instruments.
The subject tool presetters contain an optical element, the
profile projector. The profile projector is necessary for the
measuring, checking, and inspection functions of the tool
presetter. The digital display of the X-Y coordinates occurs
only after the presetter operator has viewed the magnification of
the tool through the projector. The projector is a dominant
feature to the tool presetter machine. The projector's function
is essential, not subsidiary, to the function of the tool
presetter.
Since the optical element in question has an essential
purpose to the function of the machine, the tool preset machine
is considered to be an optical appliance or instrument. The
proper classification of the tool preset machines is subheading
9031.40.00 in accordance with GRI 6 and GRI 1.
HOLDING:
The tool preset machines imported from the Federal Republic
of Germany incorporate a profile projector. This projector is
an optical element that has an essential purpose to the function
of the machines. The proper classification of the tool preset
machines is in subheading 9031.40.00, as "Measuring or checking
instruments, appliances and machines not specified or included
elsewhere in this chapter...Other optical instruments and
appliances...", in accordance with GRI 6 and GRI 1.
The protest should be denied in full. A copy of this
decision should be attached to the Form 19 Notice of Action for
the protest.
Sincerely,
John Durant, Director
Commercial Rulings Division