CLA-2 CO:R:C:G 087880 CMS
8537.10.00
9031.40.00
9032.89.60
Ms. Lisa A. Anderson
International Department
Quad Tech International
N64 W23110 Main Street
Sussex, WI 53089
RE: Measuring, Checking, Analyzing and Automatically Regulating
Or Controlling Apparatus For Printing Press; Register
Guidance System; Cutoff Control System; Varying Electrical
Phenomenon; Optical Scanners
Dear Ms. Anderson:
This is in response to your request dated September 4,
1990, for a classification ruling on certain printing press
equipment. Our ruling follows.
FACTS:
The merchandise consists of two systems which measure,
analyze and control certain aspects of the printing process.
The Register Guidance System IV controls color to color
register (the imposition of successive colors as they are printed
over each other). The main system components are a web scanner,
master computer, output control computer and operator station.
The scanner is an optical sensor which illuminates and views
register marks printed on the web surface. The scanner produces
an electrical signal output corresponding to the markings on the
web. Signal amplitude increases as the amount of light
reflected from the web decreases. The master computer analyzes
the collected data for lateral and circumferential register
error. The existence of error indicates that the colors are out
of alignment. The master computer transmits signals to the
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output control computer, which directs phaser motors to move the
press plate cylinders and thus correct the register error. The
system does not include the phaser motors.
The Cutoff Control System is a print to cut register system
which controls where the pages of the web are cut. The main
system components are an optical web scanner, encoder, control
unit computer, operator keyboard and compensator motor. The
scanner outputs electrical signals corresponding to the light
reflected from the web, while the encoder outputs electrical
signals corresponding to the rotation and positioning of the
cutting cylinder. The control computer analyzes the collected
data, compares it to a reference pattern and sends a
corresponding signal to the compensator motor. The compensator
motor adjusts the position of the compensator roller.
ISSUE:
Is the merchandise classified as machines for uses ancillary
to printing in Heading 8443, consoles and other bases for
electric control in Heading 8537, other measuring or checking
machines in Heading 9031, or automatic regulating or controlling
apparatus in Heading 9032?
LAW AND ANALYSIS:
Headings 8443 and 8537 are Section XVI headings. Section
XVI Note 1(m) provides that Section XVI does not cover articles
of Chapter 90. Thus, if the systems under consideration are
described by Headings 9031 or 9032, they cannot be classified in
Heading 8443 or Heading 8537.
Heading 9031 in part describes other measuring or checking
machines. Heading 9032 in part describes automatic regulating or
controlling apparatus. The Explanatory Notes to Heading 9032, p.
1535, provide that some Heading 9032 apparatus measure and
control. The Explanatory Notes to Heading 9031, p. 1529 at para.
(ij), provide that Heading 9031 was not intended to cover
articles described by Heading 9032. If the merchandise is
described by Heading 9032, it is classified there and not in any
of the other headings under consideration.
Chapter 90 Note 6(b) states that Heading 9032 applies to
"...apparatus for automatically controlling non-electrical
quantities the operation of which depends on an electrical
phenomenon varying according to the factor to be controlled."
The Explanatory Notes to Heading 9032, p. 1536, provide that the
controlled non-electrical quantities may, for example, be
revolutions per minute, torque, traction or force.
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The Explanatory Notes at pp. 1535-1536 provide that certain
Heading 9032 apparatus consist essentially of:
(A) A measuring device (sensing device...) which determines
the actual value of the variable to be controlled and
converts it into a proportional electrical signal.
(B) An electrical control device which compares the measured
value with the desired value and gives a signal...
(C) A starting, stopping or operating device (generally
contacts, switches...relay switches) which supplies
current to an actuator in accordance with the signal
received from the control device.
(emphasis in original)
The Register Guidance System IV is described by Heading
9032. Its operation depends on an electrical phenomenon which
varies according to the factor to be controlled. The scanner
which reads the color to color register on the web surface sends
proportional electrical signals to the main computer. The main
computer analyzes the data using programmed algorithms to detect
errors, and transmits signals to the output control computer.
The output control computer incorporates relay boards which
activate the phaser motors. The movement of the phaser motors
affects the color to color register.
Opinion No. 9032.89 (1) of the Compendium of Classification
Opinions, Amending Supplement No. 1 (July, 1988), addressed the
classification of a system for controlling and monitoring paper
during manufacture. There, the system which included a scanner
and a control computer which analyzed data and transmitted
electric signals to the action devices to regulate technical
specifications (e.g., paper thickness, moisture), was classified
in 9032.89, HTS.
The Register Guidance System IV is classified in 9032.89.60,
HTSUSA.
Unlike the Register Guidance System IV, the Cutoff Control
System includes the Heading 9032 automatic control devices, and
the actuators (compensator motors) which actually move the
printing press rollers. The Cutoff Control System thus cannot be
classified simply by the terms of Heading 9032. The Explanatory
Notes to Heading 9032, p. 1536, provide that automatic regulators
combined with actuators should be classified pursuant to GRI 1 or
GRI 3(b). The functional unit provision of Section XVI Note 4,
-4-
applied to Chapter 90 by Chapter 90 Note 3, is an applicable GRI
1 provision. The system's Heading 9032 components and the
compensator motor contribute together to the clearly defined
function of automatic regulating and controlling covered by
Heading 9032. The Cutoff Control System is classified in
9032.89.60, HTSUSA.
HOLDING:
The Register Guidance System IV and Cutoff Control System,
when imported into the United States, are classified as automatic
regulating or controlling apparatus in 9032.89.60, HTSUSA.
Sincerely,
Harvey B. Fox
Director, Office of
Regulations and Rulings