CLA-2 CO:R:C:G 083189 TLS
Mr. William J. LeClair
Trans-Border Customs Services
One Trans-Border Drive
P.O. Box 800
Champlain, New York 12919
RE: Laser Vision system
Dear Mr. LeClair:
You request a ruling on the proper classification of a
product called "Laser Vision" under the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA). Your letter
dated October 31, 1988 has been referred to this office for a
reply.
FACTS:
"Laser Vision" (or LV) is a product that consists of a laser
light, a camera, an image processor, a computer, and a computer
control unit. Each component in the system contributes to the
operation of the product, which is capable of performing robot
welding and gluing applications. The laser senses the location
of places where welding or gluing is needed, the information is
transferred through the image processor to the computer, and then
finally to control unit. The control unit translates the
information into movement of the operational equipment. The
welding equipment is furnished separately and is not a part of
the Laser Vision.
ISSUE:
Under which of the following HTSUSA headings is Laser Vision
properly classified:
9032, HTSUSA, covering automatic regulating or controlling
instruments and apparatus; parts and accessories thereof;
8537, HTSUSA, covering boards, panels (including numerical
control 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, other
than switching apparatus of heading 8517.
LAW AND ANALYSIS:
It has been suggested that the LV is classifiable under
heading 9032, HTSUSA, as an automatic regulating or controlling
instrument or apparatus. However, legal note 6(a) to chapter 90,
HTSUSA, provides that heading 9032 applies to instruments and
apparatus for automatically controlling the flow, level, pressure
or other variable of liquids or gases, or for automatically
controlling temperature. Note 6(b) of chapter 90 provides that
heading 9032 applies to automatic regulators of electrical
quantities, and instruments or apparatus for non-electrical
quantities the operation of which depends on an electrical
phenomenon varying according to the factor to be controlled.
It is clear to us from the information submitted that the LV
does not meet the requirements of this note.
It is our opinion that the LV is classifiable under heading
8537, HTSUSA, as boards, panels, consoles, desks, cabinets, and
other bases for electric control or the distribution of
electricity. Our opinion is based on the Harmonized System
Commodity Description and Coding System, Explanatory Notes, Vol.
4, Page 1391. The Explanatory Notes (EN), while not dispositive,
may be looked to for guidance in interpreting the various
provisions of the HTSUSA. It is stated in the EN for heading
8537 that it covers articles which consist of an assembly of
apparatus; for example, switches and fuses on a board, panel, or
other base. They usually include meters and subsidiary apparatus
such as transformers, valves, etc. The Explanatory Notes further
state that the heading also covers "programmable controllers"
which are digital apparatus using a programmable memory for the
storage of instructions for implementing specific functions such
as logic, sequencing, timing, counting, and arithmetic, to
control, through digital or analog input/output modules, various
types of machines. With the LV, the control unit processes the
data which are then used to control the equipment that actually
does the welding or gluing. Thus, the Laser Vision meets the
description of an article of 8537 and is properly classifiable
under that heading.
HOLDING:
The Laser Vision is classified under subheading 8537.10.00,
HTSUSA, as a numerical control panel with voltage not exceeding
1,000 V.
Sincerely,
John Durant, Director
Commercial Rulings Division