CLA-2 CO:R:C:M 954411 MBR

Ms. Amy C. Huber
Apple Computer, Inc.
20525 Mariani Avenue, M/S 36-I/E
Cupertino, California 95014

RE: Apple Computer; Automatic Data Processing Machine; ADP; Parts; Subassemblies Without CPUs; HQs 950221, 088118, 087695, 085894, 951438, 954307

Dear Ms. Huber:

This is in response to your letters of May 14, 1993, and June 8, 1993, to the Area Director of Customs, New York Seaport, regarding the classification of automatic data processing ("ADP") machine subassemblies, under the Harmonized Tariff Schedule of the United States (HTSUS). Your letters were forwarded to this office for reply.

FACTS:

The proposed ADP subassemblies are as follows:

Configuration No. 1

Personal computer housing containing the following components within the same housing:

-Cathode ray tube with yoke -Floppy disk drive -Hard disk drive -Power supply -Main logic board, not including the Central Processing Unit ("CPU") chip

Configuration No. 2

Personal computer housing containing the following components within the same housing:

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-Floppy disk drive -Hard disk drive -Power supply -Main logic board, not including the CPU chip (This configuration does not include a cathode ray tube and yoke assembly)

Configuration No. 3

Personal computer housing containing the following components within the same housing:

-Floppy disk drive -Hard disk drive -Power supply (does not contain main logic board)

Configuration No. 4

Laptop personal computer housing containing the following components within the same housing:

-Liquid crystal display ("LCD") -Track ball -Keyboard -Floppy disk drive -Hard disk drive -Power supply -Main logic board, not including the CPU chip

ISSUE:

How are the subject ADP machine subassemblies/parts classified under the HTSUS?

LAW AND ANALYSIS:

The General Rules of Interpretation (GRI's) to the HTSUS govern the classification of goods in the tariff schedule. GRI 1 states, in pertinent part:

...classification shall be determined according to the terms of the headings and any relative section or chapter notes...

An ADP "motherboard" is the main interconnecting circuit board in an electronic device, to which the various subassemblies, such as printed circuit boards, are plugged or wired. See Webster's New World Dictionary, Third College Edition (1988), page 886. See HQ 085894, dated February 14, 1990.

Complete ADP "Motherboards" with CPUs have been consistently deemed to possess the essential character of an ADP processing

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unit. Therefore, a "motherboard" containing a CPU is properly classifiable in subheading 8471.91.00, HTSUS, which provides for: "[a]utomatic data processing machines and units thereof: [o]ther: [d]igital processing units, whether or not entered with the rest of a system...."

The classification of a "motherboard" without a CPU was addressed in HQ 088118, dated February 22, 1991, which held that it was classifiable under subheading 8473.30.40, HTSUS, which provides for: "[p]arts and accessories (other than covers, carrying cases and the like) suitable for use solely or principally with the machines of headings 8469 to 8472: [p]arts and accessories of the machines of heading 8471: [n]ot incorporating a cathode ray tube."

GRI 2(a) provides direction regarding unfinished and incomplete articles. It states:

2. (a) Any reference in a heading to an article shall be taken to include a reference to that article incomplete or unfinished, provided that, as entered, the incomplete or unfinished article has the essential character of the complete or finished article. It shall also include a reference to that article complete or finished (or falling to be classified as complete or finished by virtue of this rule), entered unassembled or disassembled. (Emphasis added).

Therefore, the question arises whether an ADP subassembly can have the essential character of an automatic data processing machine if it does not contain the microprocessor chip (CPU).

The Computer Glossary defines a CPU, in pertinent part, as follows:

(Central Processing Unit) The CPU, also called the central processor, or simply processor, is the computing part of the computer. It is made up of the control unit and arithmetic/logic unit. The control unit extracts the instructions out of memory and executes them. The arithmetic/logic unit performs the arithmetic calculations and comparisons.

A minicomputer CPU is contained on from one to several printed circuit boards. A mainframe CPU is contained on many printed circuit boards. In a personal computer, the CPU is contained on a single chip, called a microprocessor.... (Emphasis added).

Customs has consistently held that the CPU is the heart of an ADP system since it performs the processing. It determines the

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systems power, capacity, and speed at which it will operate. Therefore, it is not possible to have the essential character of an automatic data processing personal computer without the microprocessor chip. See HQ 954307, dated October 5, 1993, for a ruling regarding an ADP subassembly missing only the CPU, oscillator, and hard disk drive, which held that the subassembly was classifiable in subheading 8473.30.40, HTSUS, which provides for parts of ADP machines.

The classification of an ADP subassembly missing the CPU, hard disk drive and memory module, was also addressed in HQ 951438, dated March 2, 1993. That decision determined that a similar ADP subassembly did not rise to the level of an incomplete processor unit since it did not have the main essential features of the complete processor unit.

Similarly, for the same reasons, the instant importations do not impart the essential character of a finished processor unit since the processor itself is not imported with the subassemblies.

Although the instant importations do not rise to the level of incomplete processor units, in their imported state as subassemblies, they also do not have the essential character of any of their constituent components/parts.

In determining whether an item is a part of an article, the courts look to the "nature, function, and purpose of an item in relation to the article to which it is attached or designed to serve...." Ideal Toy Corp. v. United States, 58 CCPA 9, 13, C.A.D. 996, 433 F.2d 801, 803 (1979). See Clipper Belt Lacer Co., Inc. v. United States, Slip Op. 90-22 (March 13, 1990). The instant subassemblies are necessary to the completion of an ADP system, as integral, constituent, and component parts. Therefore, for tariff purposes, they should be considered "parts" of the machines of 8471, HTSUS.

HOLDING:

Configuration No. 1, which incorporates a cathode ray tube, is classifiable in subheading 8473.30.80, HTSUS, which provides for: "[p]arts and accessories (other than covers, carrying cases and the like) suitable for use solely or principally with the machines of headings 8469 to 8472: [p]arts and accessories of the machines of heading 8471: [o]ther," at a 3.9% rate of duty.

Configurations Nos. 2, 3, and 4 are classifiable in subheading 8473.30.40, HTSUS, which provides for: "[p]arts and accessories (other than covers, carrying cases and the like) suitable for use solely or principally with the machines of headings 8469 to 8472:

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[p]arts and accessories of the machines of heading 8471: [n]ot incorporating a cathode ray tube," at a Free rate of duty.

Sincerely,

John Durant, Director