CLA-2 CO:R:C:G 082127 AJS
TARIFF NO: 9017.20.80; 8471.92.90.
Mr. William J. Phelan
Donohue and Donohue
3 Landmark Square,
Suite 202
Stamford, Connecticut 06901
RE: Digitizers and mice
Dear Mr. Phelan:
Your letter of January 13, 1989, requesting a tariff
classification of Summagraphics digitizers and mice, under the
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA), has been referred to this office for reply.
FACTS:
Certain computer peripheral input devices are known as
digitizers and/or mice. Mice are more specifically a type of
digitizer.
Essentially, digitizers are hand-held computer peripheral
devices used to move the cursor (the flashing position indicator)
on a computer screen and/or select menu items. They may be used
(1) to trace, draw or create graphic illustrations on the
computer screen to be viewed on the screen, manipulated on the
screen and/or subsequently plotted on paper, (2) to select menu
items displayed on the computer screen or on a tablet (menu items
are simply words or symbols which indicate computer operations
that are performed once selected), or (3) to direct the computer
(in a manner other than by selection of menu items) to perform
certain operations, such as moving text or graphics. This latter
operation can be accomplished by pointing to the text or graphic
to be moved, "grabbing" it by depressing a button on the
digitizer, moving it by moving the digitizer, and releasing it by
releasing the button.
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Digitizers, including mice, operate by various mechanical,
optical, and electrical mechanisms to translate movement of the
mouse into digital data (hence the name digitizer). This data is
then sent to the computer where it is recognized by the computer
program. The program then performs the corresponding function
associated with these signals such as moving the cursor on the
computer screen in direct proportion to the distance, and in
direct relation to the direction, that the mouse is moved on the
flat external surface. Digitizers that incorporate certain
technologies, such as electromagnetic induction, provide a high
degree of accuracy.
One type of mouse is mechanical. A description of the mouse
and a discussion of its classification can be found in Ruling
letter HQ 083187.
Another type of mouse creates the impulses of light
described in Ruling 083187 without the ball mechanism. Instead,
light is emitted from the underside of the mouse, is reflected by
grid lines on a tablet (on which the mouse must be used), and is
detected by sensors also on the underside of the mouse. As with
the mechanical mouse, the pulses of light are translated into
movement of the cursor on the computer screen. The distance
between grid lines on the tablet will determine the amount of
accuracy available from this type of mouse. Because of
limitations imposed by the process of converting movement into a
discrete number of light impulses or electrical connections, and
then into digital data, and because of the limited accuracy
available with discrete grid lines, mechanical,
optical/mechanical and optical mice do not offer a great deal of
precision.
The stylus, a type of digitizer not generally referred to as
a mouse, is in the shape of a pen. When the user draws or points
with the stylus on a tablet, the stylus or tablet sends a signal
to the computer. The signal can indicate relative movement of
the stylus using technology similar to that of the mouse, or the
absolute position of the stylus on the tablet using alternate
technologies, the exact type of which can vary greatly.
One method for transmitting the absolute position of a
stylus, electrostatic technology, involves the use of an
electromagnetic field. According to the material submitted with
the request, the coordinates representing the position of the
stylus on the tablet are determined by measuring the time
required for an electromagnetic wavefront to travel to the stylus
across horizontal and vertical axes resembling grid lines on the
tablet. The use of precise electronic measurements gives this
type of stylus much greater precision than that available with
mechanical and mechanical/optical mice, and, depending on the
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technology used, greater precision than that available with
optical mice. Because it transmits absolute positions, this type
of stylus can be lifted from the tablet and placed in a specific
location on the tablet which will be immediately recognized by
the computer and translated into a corresponding position on the
computer screen. Relative positioning digitizers only detect
movement on the tablet, and accordingly do not provide the same
option. However, use of the buttons allows the user to position
the cursor in an exact location on the screen before beginning to
draw.
Some of the Summagraphics digitizers utilize electromagnetic
induction. Electromagnetic induction operates similarly to the
previously mentioned electrostatic technology and is more
accurate. In this type of digitizer, the magnetic field is
produced by the stylus, rather than the grid lines.
Cursors, another type of digitizer (with a name which is
confusingly identical to the name of the flashing position
indicator on the computer screen), typically contain a viewing
window with a crosshair sight and allow greater precision than
the other types of digitizers. The precision available from
cursors is provided in part by use of the crosshair sight to
precisely trace a drawing for input into the computer. Cursors
can operate under any of the numerous technologies under which
the stylus operates. The Summagraphics Microgrid II cursors use
electromagnetic induction and have an accuracy of 1/100 to
1/200th of an inch, depending on the model.
Your request for a ruling does not indicate which of the
types of mice and/or digitizers described above Summagraphics
intends to import. The sales literature accompanying your
request describes the products listed below.
1. Bit Pad Plus
2. CR Tablet
3. MacTablet
4. Microgrid II
5. SummaMouse
6. SummaSketch
ISSUE:
Under which of the following subheadings are the above
listed articles in question classified:
(1) 9017.20.80, HTSUSA, covering other drawing, marking-out
or mathematical calculating instruments, which
subheading includes the statistical suffix 9017.20.8040
covering hand operated input devices which transmit data
to computer processors or displays (digitizers);
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(2) 9017.10.00, HTSUSA, covering drafting tables and
machines, whether or not automatic;
(3) 8473.30.40, HTSUSA, covering parts and accessories of
the machines of heading 8471; or
(4) 8471.92.90, HTSUSA, covering other input units,
whether or not entered with the rest of the system and
whether or not containing storage units in the same
housing.
LAW AND ANALYSIS:
Classification of products under the HTSUSA is governed by
the General Rules of Interpretation (GRI's). GRI 1 provides that
classification is determined first in accordance with the terms
of the headings of the tariff and any relative section or chapter
notes.
Heading 9017, HTSUSA, provides for drawing, marking-out or
mathematical calculating instruments. Classification of certain
digitizers as drawing instruments within 9017 has been
anticipated as evidenced by the inclusion of the statistical
suffix 9017.20.8040 which provides for "[h]and operated input
devices which transmit position data to computer processors or
displays (digitizers)." Thus, since digitizers designed for
drawing, drafting and other graphics applications are
specifically mentioned under subheading 9017.20.80, they appear
to be within the terms of that provision.
Subheading 9017.10.00, HTSUSA, covers drafting tables or
machines, whether or not automatic. Explanatory Note A(2) to
heading 9017 states that the heading includes drafting machines
incorporating automatic data processing machines or working in
conjunction with automatic data processing machines. The term
"drafting machine" means "a drafting instrument consisting of
linked parts that perform the functions of the T square,
triangle, linear scale and protractor." Webster's Third New
International Dictionary of the English Language, Unabridged, p.
685 (1971). This definition probably refers only to the
traditional drafting machine, which is purely mechanical, given
the reference to "linked parts", and should be so interpreted for
tariff purposes. In addition, the term could otherwise be
interpreted to refer to a computerized drafting machine if it
performs the functions of the T square, triangle, linear scale
and protractor. Nevertheless, these functions are not performed
by digitizers, but by the data processor with which they operate.
Digitizers are therefore not included in subheading 9017.10.00,
HTSUSA.
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The inquirer has suggested that digitizers cannot be
classified as drawing instruments because they require a computer
to create their drawings. The language of 9017.20.80 does not
require that the merchandise constituting the drafting instrument
be capable of drawing on its own. Drawing sets (which are
included in this heading) that are entered without lead or ink
are incapable of drawing until filled with lead or ink, but are
still drawing sets. Pens entered without ink are still pens. By
the same token, digitizers that are drafting instruments do not
become something else when separated from the computers upon
which they rely to create a drawing.
Only digitizers embodying technology that provides at least
a certain degree of accuracy can be considered designed for use
as drawing instruments. But not all digitizers that possess this
degree of accuracy should be considered drawing instruments.
Digitizers using only imprecise technology function as pointers
for menu selection and the movement of existing text or graphics
and are not designed for use as drawing instruments.
Mechanical mice, mechanical/optical mice and other low
resolution digitizers are designed for use as input devices
principally with desk-top publishing, word processing programs,
accounting spread sheet programs, music programs and game
programs, none of which utilize the mouse as a drawing
instrument, and they should therefore not be classified under
heading 9017.
Another provision under which Summagraphics' products are
prima facie classifiable is subheading 8473.30.40, HTSUSA,
covering parts and accessories of the machines of heading 8471.
The term "accessory" as used in 8473 covers only those articles
which are designed to be mounted on the machine; it does not
extend to include independent accessory or ancillary machines
used in conjunction with other machines. Explanatory Notes to
8473. Digitizers are not mounted on the computer, but are
connected by a cord and plug.
Digitizers are not classifiable as parts of data processing
machines. Note 2(a) to Section XVI and Additional U.S. Note 2(c)
require classification of parts which are goods included in any
of the headings of Chapter 84 and 85 (Section Note 2(a)), or
anywhere else in the HTSUSA (Additional Note 2(c)), in their
respective headings. Accordingly, digitizers must be classified
under the provision for units of data processing machines or the
provision for drafting and drawing instruments.
Note 5 to Chapter 84 states that machines working in
conjunction with an automatic data processing machine and
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performing a specific function are classified in the headings
appropriate to their respective functions or, failing that, in
residual headings. Therefore, those digitizers classifiable as
drafting or drawing instruments cannot be classified under
headings as units of data processing machines.
Summagraphics suggests that pursuant to Note 5, digitizers
presented with a computer must be classified outside of the data
processor chapter (Chapter 84), while digitizers presented
separately must be classified in the data processor chapter.
This suggestion results from an incorrect reading of the
Explanatory Notes. The Explanatory Notes to Note 5 of Chapter 84
restate the rule of Note 5, emphasizing that (even when entered
with the computer) the machine working in conjunction with the
automatic data processing machine shall be classified in the
heading appropriate to the function of the machine. The note's
failure to mention the obvious--that when presented without a
computer, a separate machine has no business being classified
with a computer--should not be interpreted as requiring that
classification of digitizers performing the specific function of
drawing be under heading 9017.
A third provision under which Summagraphics products are
prima facie classifiable is subheading 8471.92.90, HTSUSA, which
provides for other "[i]nput or output units, whether or not
entered with the rest of a system and whether or not containing
storage units in the same housing." Explanatory Note (I)(A) of
heading 84.71, describes an input unit as a device which
receives input data and converts it into signals which can be
processed. Those digitizers and mice not designed for use as
drawing instruments, and not classifiable elsewhere by virtue of
their function or otherwise, are input devices under this
subheading. However, those digitizers used as drafting and
drawing machines are excluded from heading 8471 by virtue of
Chapter Note 5 as mentioned previously regarding subheading
8473.
To determine which digitizers are designed for drawing and
which are designed as general input devices, Customs conducted
extensive inquiries with various producers. We have determined
that while the inability of the mechanical, optical, and
mechanical/optical mice to create precise drawings indicates that
they are not drafting or drawing instruments, the ability to
produce precise coordinate data does not necessarily make a
digitizer a drafting or drawing instrument. Recent developments
in software applications require precision in non-drawing
applications as well as graphics applications. To determine the
appropriate classification it is necessary to examine each
digitizer carefully to determine the use for which it was
designed. Once it is determined that a digitizer utilizes one of
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the technologies necessary to create accurate drawings
(electromagnetic induction, electrostatic technology, or similar
technologies), it must be determined that this precision is not
intended to be utilized for non-drawing purposes. Such an intent
to use for drawing purposes can be presumed when the digitizer
utilizes a crosshair sight or a large tablet.
The material submitted with the ruling request does not
indicate the technology incorporated into the Summagraphics
SummaMouse. It appears from the submitted literature that the
unit does not contain a crosshair sight nor a large tablet. The
SummaMouse is therefore apparently not suited for drawing and is
probably classified in subheading 8471.92.90, HTSUSA, covering
other input units.
The Microgrid II uses a cursor, with crosshair sight, and a
tablet ranging in size from 17 inches by 24 inches to 42 inches
by 60 inches. The submitted material indicates that the
Microgrid II series utilizes either electromagnetic induction or
electrostatic technology. While the electrostatic models are not
as well suited for drawing as the electromagnetic models are,
this factor is not critical to the classification of these
models, since the remaining design features clearly indicate that
they are designed for use as drawing instruments. For instance,
a tablet size of 42 inches by 60 inches is larger than required
for uses other than drawing. While it is possible to have a
template that contains numerous selection items, thereby
requiring a large surface area, beyond a certain size
(approximately 17 inches by 22 inches), a large surface area
indicates use for drawing. The Microgrid II series also includes
a digitizer tablet that is large, tilted and resembles a drafting
table. It cannot be disputed that this model is designed for
drawing applications and, in fact, cannot reasonably be put to
other uses.
The Bit Pad Plus and CR Tablet have active surface areas of
12 inches by 12 inches, utilize electrostatic technology and are
available with either a cursor or a stylus. The models imported
with a stylus are designed as general input devices since their
surface area and the electrostatic technology cannot be said to
indicate design for drawing. The models imported with a cursor
are designed for drawing, because of the crosshair sight, which
provides accuracy in tracing, and the use of electrostatic
technology, which, although not as accurate as electromagnetic
induction, indicates better accuracy than some other
technologies.
The MacTablet utilizes a stylus and electromagnetic
induction and has a surface area of 12 inches by 12 inches. None
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of these design features clearly indicate design for use as a
drawing instrument. Therefore the MacTablet is classified as an
input unit.
The SummaSketch has a surface area of 6 inches by 9 inches,
12 inches by 12 inches, or 18 inches by 18 inches, depending on
the model. It utilizes electromagnetic induction and is imported
with a stylus or cursor. The surface area is too small to
indicate, by itself, that the units are designed for use as
drawing instruments. But, inasmuch as electromagnetic induction
can be used for drawing, those imported with cursors are
classified as drawing instruments.
HOLDING:
The Microgrid II, the Bit Pad Plus imported with a cursor,
the CR Tablet imported with a cursor and the SummaSketch imported
with a cursor are classified in subheading 9017.20.8040, HTSUSA,
covering other drawing, marking-out or mathematical calculating
instruments; hand operated input devices which transmit position
data to computer processors or displays (digitizers). The
SummaMouse, the MacTablet, the Bit Pad Plus imported without a
cursor, the CR Tablet imported without a cursor and the
SummaSketch imported without a cursor are classified under
subheading 8471.92.90, HTSUSA, which provides for other input
units.
Please note that ruling requests seeking the tariff
classification of goods are limited to five (5) items.
Sincerely,
John Durant, Director
Commercial Rulings Division