CLA-2 CO:R:C:M 088459 DWS
Mr. Robert E. Burke
Barnes Richardson & Colburn
200 East Randolph Drive
Chicago, IL 60601
RE: Input Scanner; Laser Imagesetter; 8442.10.00; 9031.40.00;
HQ 086122
Dear Mr. Burke:
This is in response to your letters of December 4, 1989, May
11 and October 23, 1990, written on behalf of Purup North
America, concerning the classification of certain input scanners
and laser imagesetters to be used with a Purup typesetting
system, under the Harmonized Tariff Schedule of the United States
Annotated (HTSUSA). This ruling is issued in conjunction with HQ
086122, dated January 17, 1991, in which the Purup typesetter
system was classified under subheading 8442.10.00, HTSUSA, which
provides for: "[p]hototypesetting and composing machines."
FACTS:
The subject input scanner and laser imagesetter are being
imported separately from the typesetting system. Their
classification was not determined in HQ 086122.
The Purup typesetting system is used to produce color offset
printing media, especially in the labels, forms, checks, and
package printing industries. The system can produce printing
media on photosensitive printing plates, film or paper. The
system is normally imported in single shipments but individual
components (input scanner, laser imagesetter) are imported
separately.
The input scanner is controlled by a program within the
interactive graphics system (IGS) software. The IGS functions as
the central processor for the interactive work station (IWS) of
the typesetter system. The input scanner incorporates charge
coupled devices. Scanned images are transferred onto the hard
disc digitally and can then be reproduced on the IWS and
manipulated by the user. Scanned images are stored in the
typesetter system's proprietary data formats. Two models of
input scanners are imported, the PE 1710, which has a resolution
capability of 5,000 pixels, and the PE 1720, which has a
resolution capability of 10,000 pixels. The input scanner
operates exclusively with the Purup typesetting system.
The laser imagesetter uses an argon-ion laser to plot images
on photosensitive film, paper, or printing plates. The image
setter includes an operator terminal consisting of monitors and
keyboards. The imagesetter plots according to commands which the
unit translates from digitally processed data. The raster image
processor of the imagesetter is designed to exclusively calculate
the Purup typesetter system composition data. Two models of the
imagesetter are imported, the PE 5000 and the PE 7000. Both
models have maximum exposure formats of 25" x 25", and maximum
resolutions of 2540 lines per inch. The PE 5000 must communicate
on line with the IGS. The PE 7000 can communicate on line with
the IGS, or off line with the Purup input system via modem,
diskette, or streamer tape. The imagesetter operates exclusively
with the Purup typesetter system.
Both the input scanner and the laser imagesetter are
"married" to the Purup typesetter system, and neither can be
considered "general use" components. You have stated that "it
would be impossible for a user to readily adapt this component
for use within another system."
ISSUE:
What is the classification of the input scanner and the
laser imagesetter, imported separately from the Purup typesetter
system, under the HTSUSA?
LAW AND ANALYSIS:
Classification of merchandise under the HTSUSA 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.
Input Scanner
The input scanner is classifiable under subheading
8442.30.00, HTSUSA, which provides for: "[m]achinery, apparatus
and equipment, for type-founding or typesetting: [o]ther
machinery, apparatus and equipment." It cannot be classifiable
under subheading 8442.10.00, HTSUSA, which provides for:
"[p]hototypesetting and composing machines", because it is not a
phototypesetting or a composing machine. Imported separately,
the input scanner can be deemed "other machinery, apparatus and
equipment" for the typesetting system, classifiable under
subheading 8442.30.00, HTSUSA.
Another alternative considered was whether the input scanner
is classifiable under subheading 9031.40.00, HTSUSA, which
provides for: "[o]ther optical instruments, appliances and
machines: [o]ther." For this provision to apply, we would need
to determine that the input scanner is really not a typesetting
machine, but in actuality is an optical reader. To assist in the
determination, the input scanner was submitted to our technical
staff for analysis. It was their opinion that the "[p]urup Input
Scanners are not optical readers. Optical Readers are generally
defined as a computer 'data entry' machine which converts printed
characters . . . The characters are usually numbers or letters
but can sometimes be symbols . . . [o]ptical readers read
characters directly by photoelectric cells and are translated on
binary code principle. It is our opinion that a pixel is not a
character and therefore the input scanner is not an optical
scanner." Therefore, it is our position that the input scanner
is not classifiable under subheading 9031.40.00, HTSUSA.
Laser Imagesetter
In understanding the language of heading 8442, HTSUSA, the
Explanatory Notes of the Harmonized Commodity Description and
Coding System (HCDCS) may be utilized. The Explanatory Notes,
although not dispositive, are to be used to determine the proper
interpretation of the HTSUSA. 54 Fed. Reg. 35127, 35128 (August
23, 1989). Explanatory Note 84.42(B) (p.1236) provides that
"[t]he heading also includes composing machines using a laser
beam projected onto photographic film."
The imagesetter is not classifiable under subheading
8442.10.00, HTSUSA, because it is used exclusively in such a
typesetting system and is considered a component to one.
Therefore it is not a "phototypesetting and composing machine".
The imagesetter is classifiable as "other machinery, apparatus
and equipment" in subheading 8442.30.00, HTSUSA.
HOLDING:
The input scanner and the laser imagesetter are classifiable
under subheading 8442.30.00, which provides for: "[m]achinery,
apparatus and equipment, for type-founding or typesetting:
[o]ther machinery, apparatus and equipment." Merchandise
classifiable under this provision is entitled to entry duty free.
Sincerely,
John Durant, Director
Commercial Rulings Division