CLA-2 CO:R:C:M 956883 DWS
Area Director
U.S. Customs Service
6 World Trade Center, Room 423
New York, NY 10048
RE: Reconsideration of HQ 956031; MICROSCAN Elevator Door
Detection Devices; Kores Manufacturing Inc. v. U.S.;
Section XVI, Note 4; Functional Unit; 8537.10.90
Dear Area Director:
This is in response to your memorandum of August 9, 1994
(CLA-2-84:S:N:N1:103-10), requesting reconsideration of HQ
956031, dated June 7, 1994, concerning the classification of the
MICROSCAN elevator door detection devices under the Harmonized
Tariff Schedule of the United States (HTSUS).
FACTS:
The merchandise consists of the MICROSCAN elevator door
detection devices, which are designed to detect obstructions in
an elevator door opening prior to its close during use.
Depending on the particular model, the devices may be used in
either side-opening elevator door applications, or center-closing
elevator door applications. However, the devices for each of
these applications are essentially the same in design, purpose,
and operation.
The devices are designed to be operated as elevator entrance
detector screens, and are installed fitted in both new and
existing in-service elevators. Each device utilizes 32 infrared
light beams projected between a transceiver (combined transmitter
and receiver) installed on opposite sides of the elevator door
opening. The infrared transmitters and corresponding receivers
are designed to determine the presence of an uninterrupted light
path in the elevator door opening. If one or more of the beams are interrupted, a relay is de-energized causing the elevator
door controller, depending on the model, to open the doors or
prevent them from closing. This relay is the interface between
the device and the elevator door control system, which is not a
part of the subject merchandise.
The devices also include an audible warning circuit
consisting of two timers and a beeper. The first timer, which
may be set from zero to 60 seconds, determines the delay time
before the beeper is activated. The second timer, which may also
be set from zero to 60 seconds, determines the beep time and
commences after the delay time ceases.
The subheadings under consideration are as follows:
8537.10.90: [b]oards, panels (including numerical control
panels), consoles, desks, cabinets and other
bases, equipped with two or more apparatus of
heading 8535 or 8536, for electric control or
the distribution of electricity, including those
incorporating instruments or apparatus of
chapter 90, other than switching apparatus of
heading 8517: [f]or a voltage not exceeding
1,000 V: [o]ther.
The general, column one rate of duty for goods classifiable
under this provision is 5.3 percent ad valorem.
8431.31.00: [p]arts suitable for use solely or principally
with the machinery of headings 8425 to 8430:
[o]f machinery of heading 8428: [o]f passenger
or freight elevators other than continuous
action, skip hoists or escalators.
The general, column one rate of duty for goods classifiable
under this provision is 2 percent ad valorem.
ISSUE:
Whether the MICROSCAN elevator door detection devices are
classifiable under subheading 8537.10.90, HTSUS, as bases for the
control or distribution of electricity, or under subheading
8431.31.00, as elevator parts.
LAW AND ANALYSIS:
Classification of merchandise under the HTSUS is in
accordance with the General Rules of Interpretation (GRI's),
taken in order. GRI 1 provides that classification is determined
according to the terms of the headings and any relative section
or chapter notes.
We must first determine whether the MICROSCAN devices are
parts of elevators. Whether an article is a part of another
article depends on the nature of the so-called "part" and its
usefulness, function and purpose in relation to the article in
which it is designed to serve. Kores Manufacturing Inc. v. U.S.,
3 CIT 178, 179 (1982), aff'd appeal No. 82-83 (C.A.F.C. 1983).
It is our position that the subject devices are parts of
elevators. The purpose of the devices is to detect a presence
within an elevator opening, audibly signal the elevator
passengers of the presence, and prevent the elevator opening from
closing. The devices, in performing these functions, are very
useful in relation to the operation of an elevator.
It is claimed that, because the devices are made up of
different components, each of them cannot be classifiable as a
single part. We disagree. The devices are goods in and of
themselves. In fact, they are installed fitted into elevators.
The components of each device work together to perform the
necessary functions of that device. As a complete good, each
device may be classifiable as a part, and, therefore, is
described under subheading 8431.31.00, HTSUS.
We must now determine whether the MICROSCAN devices are
described elsewhere under the HTSUS. It is argued that the
devices are functional units classifiable under subheading
8537.10.90, HTSUS.
Section XVI, note 4, HTSUS, states that:
[w]here 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
together 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. (emphasis supplied).
It is our position that the MICROSCAN devices cannot be
functional units as defined by section XVI, note 4, HTSUS. As
stated above, the purpose of the devices is to perform several
functions, all of which are not clearly defined under one heading
under the HTSUS, let alone under subheading 8537.10.90, HTSUS.
In fact, in HQ 956031, we stated that subheading 8537.10.90,
HTSUS, did not apply to the subject devices because they are not
designed for the control or distribution of electricity. We
continue to agree with that position.
Therefore, it is our position that the MICROSCAN devices,
which are complete units in an of themselves, are not described
elsewhere under the HTSUS. Consequently, they are classifiable
under subheading 8431.31.00, HTSUS.
HOLDING:
By authority of GRI 1, the MICROSCAN elevator door detection
devices are classifiable under subheading 8431.31.00, HTSUS, as
elevator parts.
EFFECT ON OTHER RULINGS:
HQ 956031 is affirmed.
Sincerely,
John Durant, Director
Commercial Rulings Division