CLA-2 RR:CR:GC 961496 JAS
Port Director of Customs
610 S. Canal Street
Chicago, IL 60607-4523
RE: PRD 3901-97-101905; Monitoring Equipment Used With Material Handling Elevators and Conveyors; Conveyor Belt Monitoring Devices, Level Monitors for Liquids and Free-Flowing Granular Solids; Parts, Accessories; Electrical Machines and
Apparatus Having Individual Functions n.s.i.e.; HQ 956031, HQ 956883, HQ 958076
Dear Port Director:
This is our decision on Protest 3901-97-101905, filed
against your classification under the Harmonized Tariff Schedule
of the United States (HTSUS) of certain monitoring equipment and
apparatus. The entries under protest were liquidated on April
25, 1997, and this protest timely filed on July 24, 1997.
Counsel for the protestant submitted a memorandum of law in
support of the entered classification to your office on December
8, 1997. Another submission, dated October 20, 1998, was
presented at a meeting held in our office on October 21, 1998,
where additional facts and legal arguments were addressed.
FACTS:
This protest covers nine (9) electrical components used to
monitor various aspects of the operation of grain handling and
other bulk material handling conveyors and elevators. Product
literature, together with a narrative in counsel's December 8,
1997, submission, describe the respective functions of these
components. The first six devices are characterized as hazard
monitors and the remaining three as level detectors.
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The A400 Elevator Belt Misalignment System consists of an
electronic control module and two magnetic alignment sensors. It
functions solely to detect misalignments in bucket elevator
conveyor belts. When a misalignment is detected, the sensors
generate signals to the control module which energizes an alarm
to both audibly and visually alert the operator. The A400 will
not initiate machine shutdown. The Beltswitch B400 Belt Brake
and Alignment System also consists of a control module and two or
more pairs of capacitive proximity sensors placed at
predetermined lengths along horizontal conveyor belts. It is
identical in function to the A400 except that it detects breaks
as well as misalignments in conveyor belts.
The Speedswitch M800 Underspeed Motion Monitor incorporates
a sensor to monitor rotating (rpm) speed of a driven shaft in
bucket-type grain elevators. If shaft speed falls below a preset
variant of normal operating speed, signals are generated via
relays to sound an alarm which signals the operator. The
Speedswitch will not initiate machine shutdown. When used with
tachometers, the M800 provides a visual display of shaft
operating speeds. The Rotech Encoder or Rotating Shaft Monitor
is said to be a more sophisticated version of the M800. It is an
optical device which connects to a computer or control module
and, by means of an inductive sensing device, monitors the speed
and direction of a rotating shaft in grain elevators. The
Encoder attaches directly to the rotating shaft and when shaft
speed falls outside specified parameters, it de-energizes a relay
which sounds an alarm to alert the operator. The device will not
initiate machine shutdown.
The Hot Dog T400 Bearing Temperature Monitoring System
consists of a control module and sensors is used with bucket
elevators and conveyors. Mounted in bearing housings, the
sensors utilize thermistors to detect bearing temperature. When
the temperature of a bearing exceeds a preset level, the control
module identifies the location of the malfunction and activates
an alarm to signal the operator. It will not initiate machine
shutdown.
The Watch Dog Combined Belt Alignment, Belt Speed and
Bearing Temperature Monitor is used solely with bucket elevators
and includes a control module, a motion sensor and temperature
probes. The sensors generate pulses which the control module
utilizes to determine the speed and alignment status of the
conveyor belt. The temperature probe utilizes thermistors to
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detect bearing temperatures. Abnormal belt speed or alignment,
or excessive bearing temperatures activates an alarm to alert the
operator but will not commence machine shutdown.
The Auto-Set RF Capacitance Probe detects the level of
liquids or free-flowing granular solids in a storage vessel.
When the level of material reaches the probe it senses this
dielectric change and actuates a voltage-free relay. This breaks
an electrical circuit which stops the flow of material. The RF
Capacitance Probe will not restart the flow of material when the
material level falls below the level of the probe. The Binswitch
Capacitance Level Switch is a sensor which performs functions
identical to those of the Auto-Set RF Probe except it is also
used in chutes, conveyors and elevator legs.
Finally, the RLI Rotary Level Indicator detects high and low
levels of bulk granular solids in bins, tanks or silos. It
consists of an electric motor and gearbox which rotate a paddle
wheel inside the grain silo or container. When the level of
material reaches the paddle and impedes its rotation, the motor
switches off, thus breaking an electrical circuit which stops the
flow of material.
The components under protest were entered under provisions
of HTS heading 8431, as parts suitable for use solely or
principally with the machinery of headings 8425 to 8430 [in this
case lifting, handling, loading or unloading machinery of heading
8428]. The entries were liquidated under a provision in HTS
heading 8537 on the basis that the components in issue are
electrical apparatus that perform some kind of control function.
Counsel's argument in support of the entered classification is
essentially that each of the components is solely or principally
used with elevators or conveyors of heading 8428, and they are
not more specifically provided for elsewhere in the HTSUS.
The provisions under consideration are as follows:
8531 Electric sound or visual signaling apparatus (for example, bells, sirens, indicator panels, burglar or fire alarms)...; parts thereof:
8531.80 Other apparatus:
8531.80.90 Other
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* * * *
8537 Boards, panels...for electric control or the distribution of electricity...:
8537.10 For a voltage not exceeding
1,000 V:
8537.10.90 Other
* * * *
8543 Electrical Machines and apparatus having individual functions not specified or included elsewhere in [Chapter 85]; parts thereof:
8543.89 Other:
8543.89.96 Other
ISSUE:
Whether the components in issue are provided for in any
heading of Chapter 85.
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.
The Harmonized Commodity Description and Coding System
Explanatory Notes (ENs) constitute the official interpretation of
the Harmonized System. Though not dispositive, the ENs provide a
commentary on the scope of each heading of the Harmonized System
and Customs believes the ENs should always be consulted. See
T.D. 89-80. 54 Fed. Reg. 35127, 35128 (Aug. 23, 1989).
Under Section XVI, Note 2(a), HTSUS, parts which are goods
included in any of the headings of Chapters 84 and 85 are in all
cases to be classified in their respective headings. Counsel's
parts claim is based on Section XVI, Note 2(b), which states that
parts not classifiable under Note 2(a) are to be classified with
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the machines with which they are solely or principally used. The
parts claim under heading 8431 cannot prevail under this
authority because, in our opinion, none of the nine (9)
components in this protest qualify as "parts" in a tariff sense.
A "part" must be an integral or constituent component necessary
to the completion of the machine or apparatus with which it is
used and which enables that machine or apparatus to function in
the manner for which it was designed. An "accessory," on the
other hand, is of secondary importance. It is a device not
essential in itself but which adds to the effectiveness of
something else. See HQ 958076, dated October 19, 1995, and
related cases. Grain elevators are complete, fully operational
machines or apparatus whose function does not depend on the
hazard monitors or level detectors. These articles are
accessories and not parts for tariff purposes. For this reason,
they are not classifiable in accordance with Section XVI, Note 2,
HTSUS.
As to the liquidated provision, ENs on p. 1506 state that
goods of heading 8537 normally consist of apparatus such as
switches and fuses on a board, panel or console. They usually
also incorporate meters and other subsidiary electrical apparatus
that, collectively, facilitate electric control or the
distribution of electricity. Neither the submitted product
literature, nor other information in the file, permit us to
independently determine whether any of the hazard monitors or
level indicators meet the description in the heading 8537 ENs.
Heading 8531 describes electric sound or visual signaling
apparatus other than those for cycles or motor vehicles (heading
8512) or for railways, parking facilities, airfields, etc.
(heading 8530). The ENs for this provision state, at p. 1496,
that the heading covers all electrical apparatus used for
signaling purposes, whether using sound for the transmission of
the signal or using visual indication, and whether operated by
hand. The available information indicates that the sole function
of each of the six hazard monitors is to electrically initiate
both an audible and visual alarm when it detects an abnormal
condition existing with respect to a grain elevator conveyor
belt, a shaft's rotating speed, or the temperature of a bearing.
The hazard monitors meet the description in the heading 8531 ENs.
We note that elevator door detection devices, similar in function
to the ones in issue here, were classified in subheading
8431.31.00, HTSUS. See HQ 956031, dated June 7, 1994, affirmed by
HQ 956883, dated September 26, 1994. However, in addition to
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performing an audible signaling function, the devices in that
case also prevented the elevator door from closing, a function
beyond that covered by heading 8531.
As to the level detectors, consideration was given to
heading 9032, automatic regulating or controlling instruments and
apparatus. However, ENs at p. 1659 state, in part, that
apparatus of this heading normally consist of a device for
measuring the variable, a control device which compares the
measured value with the desired value, and a starting, stopping
or operating device. Some apparatus of heading 9032 do not
incorporate a control device, but are directly activated by means
of a switch when the predetermined value is reached. The
available information indicates only that when a predetermined
grain level in a silo reaches the probe a circuit breaks, thus
stopping the flow of material. There is no evidence of any
switching function being performed. The ENs are thus
inconclusive as to the applicability of heading 9032.
Heading 8543, a provision for machines and apparatus, having
individual functions, not specified or included elsewhere in
[Chapter 85], potentially describes the level detectors. The
ENs, at p. 1518, state that heading 8543 covers all electrical
appliances and apparatus not falling in any other heading of
Chapter 85, nor covered more specifically in any other heading of
the Nomenclature, nor excluded by an applicable legal note.
Apparatus of heading 8543 must have "individual functions," as
explained in the ENs for heading 8479, which apply to heading
8543 by appropriate substitution of terms. Heading 8479 ENs, at
p. 1423, cite as an example of a good having an individual
function a mechanical device that must be mounted onto or
incorporated in another machine or appliance in order to perform
its function, provided the function the mechanical device
performs is distinct from that performed by the machine or
appliance onto or in which it is incorporated and does not play
an integral role in the operation of the machine or appliance.
The three level indicators in this protest must be mounted onto
or incorporated in a grain bin, tank or silo in order to operate,
but their function is distinct from the function performed by the
grain bin, tank or silo, which is to store grain, that function
being unrelated to the function the level indicators perform.
The Auto-Set RF Capacitance Probe, Binswitch Capacitance Level
Switch, and the RLI Rotary Level Indicator are described by the
heading 8543 ENs.
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HOLDING:
Under the authority of GRI 1, the hazard monitors A400
Elevator Belt Misalignment System, Beltswitch B400 Belt Brake and
Alignment System, Speedswitch M800 Underspeed Motion Monitor,
Rotech Encoder or Rotating Shaft Monitor, Hot Dog T400 Bearing
Temperature Monitoring System, and the Watch Dog Combined Belt
Alignment, Belt Speed and Bearing Temperature Monitor, are
provided for in heading 8531. They are classifiable in
subheading 8531.80.90, HTSUS. Although the rate of duty under
this provision is more than the entered rate, it is less than the
liquidated rate. For this reason, the six hazard monitors should
be reclassified in subheading 8531.80.90, HTSUS, and the protest
ALLOWED under this provision.
Under the authority of GRI 1, the level detectors Auto-Set
RF Capacitance Probe, Binswitch Capacitance Level Switch, and the
RLI Rotary Level Indicator are provided for in heading 8543.
They are classifiable in subheading 8543.89.96, HTSUS. Because
the rate of duty under this provision is more than the liquidated
rate, the protest should be DENIED as to this merchandise.
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, to the protestant no later than 60 days from the
date of this letter. 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.
Sincerely,
John Durant, Director
Commercial Rulings Division