CLA-2 RR:CR:GC 960429 RFA
Port Director
U.S. Customs Service
Second and Chestnut Streets
Philadelphia, PA 19106
RE: Protest 1101-97-100115; TriScan Inspection System; TriScan
In-Line Process Controller; TriScan Calibration Toolkit for
Chip Mounting Machine; Optical Measuring or Checking
Instruments, Appliances, and Machines; Process Controller;
Machines and Mechanical Appliances Having Individual
Functions; Headings 8479, 8537, 9031; Legal Note 1(m) to
Section XVI; HQs 954117, 954682
Dear Port Director:
The following is our decision regarding Protest 1101-97-100115, which concerns the classification of the TriScan
Inspection System and the TriScan Calibration Toolkit under the
Harmonized Tariff Schedule of the United States (HTSUS).
FACTS:
The subject merchandise consists of the TriScan Inspection
System, also referred to as TriScan In-Line Process Controller,
and the TriScan Calibration Toolkit. According to the
information provided, the TriScan Inspection System is a 3-D
solder paste inspection/verification system. It scans printed
circuit boards (PCBs) coated with solder paste prior to automatic
component mounting to check whether or not there is proper
placement of solder on the board.
The TriScan performs the scanning of the PCB by sending a
laser-beam on a rotating polygon with 20 facet mirrors. An
optical system turns the reflected beam into a telecentric
scanning beam that is perpendicular to the scanned area at all
times. The reflected light is offset by height variations on the
scanned surface, and focussed on two position-sensitive devices
which convert the spot location into height and intensity
information. This method is referred to as double triangulation.
The TriScan will then compare this information with a preset
comparison and will make the determination as to whether the PCB
passes or fails. If it passes, the PCB moves to the next station
for automatic component insertion. If it fails, the PCB is
routed to another lift/buffer unit.
The only information provided about the toolkit is that it
includes equipment for the adjustment of the parameters and minor
replacement parts for the TriScan.
The merchandise was entered under subheading 8479.89.95,
HTSUS, as other machines and mechanical appliances having
individual functions not specified or included elsewhere in this
chapter. The entry was liquidated on November 8, 1996, under
subheading 8537.10.90, HTSUS, as programmable controllers. The
protest was timely filed on February 6, 1997.
Classification of the merchandise under subheading
9031.49.80, HTSUS, as other optical measuring or checking
instruments, is also under consideration.
The 1996 subheadings under consideration are as follows:
8479.89.95: Machines and mechanical appliances having
individual functions, not specified or
included elsewhere in this chapter. . . :
[o]ther: [o]ther: [o]ther. . . .
Goods classifiable under this provision have a general,
column one rate of duty of 3.2 percent ad valorem.
8537.10.90: Boards, 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, and
numerical control apparatus, other than
switching apparatus of heading 8517:
[f]or a voltage not exceeding 1,000 V:
[o]ther. . . .
Goods classifiable under this provision have a general,
column one rate of duty of 4.3 percent ad valorem.
9031: Measuring or checking instruments, appliances and
machines, not specified or included elsewhere in
this chapter. . . ; parts and accessories thereof:
9031.49.80: Other optical instruments and appliances:
[o]ther: [o]ther. . . .
Goods classifiable under this provision have a general,
column one rate of duty of 7.4 percent ad valorem.
9031.90.55: Parts and accessories: [o]f other optical
instruments and appliances, other than test
benches: [o]ther. . . .
Goods classifiable under this provision have a general,
column one rate of duty of 7.4 percent ad valorem.
ISSUE:
Whether the TriScan Inspection System and the TriScan
Calibration Toolkit are classifiable as a process controller, or
as machines and mechanical appliances having individual
functions, or as a measuring or checking instruments under the
HTSUS?
LAW AND ANALYSIS:
Classification of merchandise under the HTSUS is in
accordance with the General Rules of Interpretation (GRI's). GRI
1 provides that classification shall be determined according to
the terms of the headings and any relative section or chapter
notes.
The protestant claims classification under heading 8479,
HTSUS, as other machines and mechanical appliances having
individual functions not specified or included elsewhere in this
chapter. The port re-classified the merchandise under heading
8537, HTSUS, as process controllers. Both provisions are within
section XVI, and are subject to Legal Note 1(m) to Section XVI,
HTSUS, which states that: "[t]his section does not cover. . .
[a]rticles of chapter 90". Therefore, if the merchandise is
provided for under heading in chapter 90, it cannot be classified
under heading 8479 or 8537, HTSUS.
Heading 9031, HTSUS, provides for measuring or checking
instruments, appliances and machines. The first issue is whether
the TriScan performs a "measuring" or "checking" function and
under what subheading this function falls within. The terms
"measuring" and "checking" are not defined in the HTSUS nor in
the Harmonized Commodity Description and Coding System
Explanatory Notes (EN) which constitutes the official
interpretation of the HTSUS. While not legally binding, the ENs
provide a commentary on the scope of each heading of the HTSUS
and are generally indicative of the proper interpretation of
these headings. See T.D. 89-80, 54 F.R. 35127, 35128 (August 23,
1989).
A tariff term that is not defined in the HTSUS or in the
EN's is construed in accordance with its common and commercial
meaning. Nippon Kogaku (USA) Inc. v. United States, 69 CCPA 89,
673 F.2d 380 (1982). Common and commercial meaning may be
determined by consulting dictionaries, lexicons, scientific
authorities and other reliable sources. C.J. Tower & Sons v.
United States, 69 CCPA 128, 673 F.2d 1268 (1982). In United
States v. Corning Glass Works, 66 CCPA 25,27, 586 F.2d 822, 825
(1978), the Court of Customs and Patent Appeals, quoting
Webster's Third New International Dictionary, 381 (1971), stated:
" Check' is defined as "to inspect and ascertain the condition
of especially in order to determine that the condition is
satisfactory; *** investigate and insure accuracy, authenticity,
reliability, safety, or satisfactory performance of ***; to
investigate and make sure about conditions or circumstances ***."
The term "measure" is defined as follows: "[t]o ascertain
the quantity, mass, extent, or degree of in terms of a standard
unit or fixed amount . . .; measure the dimensions of; take the
measurements of. . .; to compute the size of. . . from
dimensional measurements." See Webster's Third International
Dictionary, 1400 (1986); See also HQ 954682 (July 14, 1994); HQ
950196 (January 8, 1992); HQ 088025 (January 17, 1991). Based
upon the above definitions, we find that the TriScan Inspection
System, which checks the amount of solder paste on PCBs, meets
the terms of heading 9031, HTSUS, as a measuring and checking
instrument.
In HQ 954117, dated August 22, 1994, Customs determined that
the Sira Image Automation laser-based inspection system, which
was designed to identify defects in flat homogenous products, was
classifiable as an optical checking instrument under subheading
9031.49.80 (then 9031.40.00), HTSUS. The system incorporated
lenses which focused its laser beam onto the surface of the
products being examined, mirrors which controlled the direction
of the beam and a mirrored, rotating polygon, which caused the
beam to be swept across the product. The lenses, mirrors and
mirrored polygon were necessary to bend, refract, etc., the laser
beam in order to focus or amplify the light onto the product.
In HQ 954682, dated July 14, 1994, Customs determined that
an Ampoule Inspection Machine (AIM) which was designed for
foreign particulate detection in glass ampoules, was also
classifiable under subheading 9031.49.80 (then 9031.40.00),
HTSUS. The AIM's detection system consisted of lenses and a
light source reflecting through the ampoules and onto a
photodiode array to detect foreign particulate.
In the present situation, the TriScan Inspection System uses
a laser-based system to check the level of solder paste on a PCB
to ensure that it has a sufficient level of solder paste before
continuing in the manufacturing process. If the TriScan finds a
deficient level of solder paste on a PCB, that PCB is removed
from the manufacturing process. This function is similar to the
inspection systems in HQ 954117 and HQ 954682. Based upon these
rulings, we find that the TriScan is also classifiable under
subheading 9031.49.80, HTSUS, as other optical measuring or
checking instruments. Because the TriScan is classified in
heading 9031, it cannot be classified in heading 8479 or 8537
based upon the application of Legal Note 1(m) to Section XVI,
HTSUS.
In classifying the merchandise under heading 8537, HTSUS,
the port cited HQ 083189, dated October 24, 1989. In HQ 083189,
Customs determined that the Laser Vision System ("LVS") checked
the location of where welding or gluing is needed, and sent the
information to the control unit which translated the information
into movement of the operational equipment. Because the LVS used
the information it obtained to send instructions to another
machine to perform an operation (i.e., welding or gluing),
Customs found that the LVS met the terms of heading 8537, HTSUS,
as a process controller. The TriScan Inspection System is
distinguishable from the LVS in HQ 083189, because the TriScan
does not send instructions to another machine to perform an
operation such as gluing or welding. Therefore, we find that HQ
083189 is not applicable for determining the classification of
the subject merchandise.
The only information provided by the protestant regarding
the toolkit is that it includes equipment for the adjustment of
the parameters and minor replacement parts for the TriScan.
Based upon this limited information, we find that the toolkit is
parts and accessories for the TriScan, classifiable under
subheading 9031.90.55, HTSUS.
HOLDING:
The TriScan Inspection System is classifiable under
subheading 9031.49.80, HTSUS, which provides for: "[m]easuring or
checking instruments, appliances and machines, not specified or
included elsewhere in this chapter. . . : [o]ther optical
instruments and appliances: [o]ther: [o]ther. . . ."
The toolkit is classifiable under subheading 9031.90.55,
HTSUS, which provides for: "[m]easuring or checking instruments,
appliances and machines, not specified or included elsewhere in
this chapter; parts and accessories thereof: [p]arts and
accessories: [o]f other optical instruments and appliances, other
than test benches: [o]ther. . . ." Goods classifiable under
these provisions have a general, column one rate of duty of 7.4
percent ad valorem.
Because reclassification of the merchandise as indicated
above will result in a higher rate of duty than claimed, you
should DENY the protest in full. In accordance with Section
3A(11)(b) of Customs Directive 099 3550-065, dated August 4,
1993, Subject: Revised Protest Directive, this decision, together
with the Customs Form 19, should be mailed by your office to the
protestant no later than 60 days from the date of this letter.
Any reliquidation of the entry in accordance with the decision
must be accomplished prior to mailing of 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 the public
via the Diskette Subscription Service, Freedom of Information Act
and other public access channels.
Sincerely,
John Durant, Director
Commercial Rulings Division