CLA-2 CO:R:C:G: 078500 MR
TARIFF NO. 685.90
District Director of Customs
U.S.Customs Service
Detroit, Michigan
Re: Classification of programmable control apparatus for
resistance welding machines
Dear Sir:
This is our decision on Application for Further Review of
Protest No. 3801-6-000105, dated January 23, 1986, contesting
your classification of certain welding control apparatus from
Canada. At issue is Entry Number 85904578, dated October 22,
1984. Liquidation took place September 27, 1985.
FACTS:
The article at issue, designated as the Medar Legend
Resistance Weld Control (Medar Weld Control), is programmable
control apparatus designed for use with resistance welding
machines. The Medar Weld Control is microprocessor-based,
accepts input, and generates appropriate output which facilitates
control of welding machines.
The merchandise was entered under item 683.90, Tariff
Schedules of the United States (TSUS), which provides for
"Welding machines and apparatus, and parts thereof." Liquidation
was under item 685.90, TSUS, which provides for, inter alia,
control panels and parts thereof.
ISSUE:
Whether the Medar Weld Control is properly classifiable as
parts of welding machines, in item 683.90, TSUS, or in item
685.90, TSUS, which provides for control panels and parts
thereof.
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LAW & ANALYSIS:
The importer/protestant has submitted that the merchandise
at issue is not general purpose control apparatus, but is
designed to be dedicated only for use in conjunction with
resistance welding machines, and is considered to be a principal
element of a welding machine. It is stated that this is
evidenced by the inclusion in the Medar Weld Control apparatus of
such devices as water fittings, hoses, and water cooled
components which are not usually found in general purpose
industrial controls. Moreover, the resistance welding machine
cannot function without the subject control apparatus.
Consequently, it is submitted, the subject articles are "more
than" merchandise described in item 685.90, TSUS, and are more
properly classifiable as parts of welding apparatus, in item
683.90, TSUS.
Pursuant to General Headnote 10(ij), TSUS, a tariff
provision "for 'parts' covers a product solely or chiefly used as
a part of such articles but does not prevail over a specific
provision for such part." As the importer/protestant has
submitted, the subject units are specifically designed for use in
a welding machine, thereby coming under the first portion of
General Headnote 10(ij), TSUS. However, the dedication and
limited application of the Medar Weld Control does not diminish,
change, or significantly expand its essential use, which is to
permit electrical control of a welding machine. Indeed, the
"control panels" provided for in item 685.90, TSUS, are very
often restricted in their application or use.
Likewise, the fact that the Medar Weld Control is
microprocessor-based does not remove it from the realm of tariff
classification pursuant to its control function, which serves to
define the merchandise. In our view, data processing
technologies are merely used as the "means" for the subject
article to properly perform its function.
In Headquarters Ruling (HQ) 071823 (March 20, 1985), it was
determined that the proper classification of an early generation
microprocessor-based programmable controller was in item 685.90,
TSUS. This ruling cited HQ 071563 (March 7, 1985), which also
concerned a microprocessor-based programmable controller, and
determined the proper classification to be in item 685.90, TSUS.
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While not dispositive, the Explanatory Notes to the
Brussels Tariff Nomenclature provide guidance concerning the term
"control panels." Specifically, Section XVI, Chapter 85.19
provides, in pertinent part:
These consist of an assembly of apparatus of the kind
referred to above (e.g., switches, fuses and
rheostats) on a board, panel, framework, etc. or
mounted in a cabinet, desk, etc. They usually also
incorporate meters, and sometimes also subsidiary
apparatus such as transformers, valves, or voltage
regulators or luminous circuit diagrams. They are
classified here provided their essential use is for
electrical control purposes (i.e., provided that they
do not incorporate any substantial proportion of the
operating part of the machine or installation
controlled).
We conclude that although the data processing technology,
and the dedicated design of some of the components, present a
certain sophistication to the Medar Weld Control, they do not
contribute to a function which is inconsistent with its essential
use, which is for electrical control purposes. Accordingly, it
is properly classifiable in item 685.90, TSUS.
HOLDING:
The subject Medar Weld Control is properly classifiable in
item 685.90, TSUS, which provides for control panels and parts
thereof.
The protest should be denied. A copy of this decision
should be attached to the Form 19 Notice of Action to satisfy the
notice requirements of section 174.30(a), Customs Regulations.
John Durant, Director
Commercial Rulings Division