HQ 084615
August 31,1989
CLA-2 CO:R:C:G 084615 AJS
TARIFF NO: 9017.20.80; 8471.92.90.
Mr. Edward Cardinali
Precision Source Inc.
P.O. Box 6307
E. Rochester, N.H. 03867
RE: Digitizer (Podscat PT3030) from Taiwan
Dear Mr. Cardinali:
Your letter of April 28, 1989, requesting a tariff
classification of the Podscat PT3030 digitizer was referred to
this office for reply.
FACTS:
Certain computer peripheral input devices are known as
digitizers and/or mice. Mice are more specifically a type of
digitizer.
Essentially, digitizers are hand-held computer peripheral
devices used to move the cursor (the flashing position indicator)
on a computer screen and/or select menu items. They may be used
(1) to trace, draw or create graphic illustrations on the
computer screen to be viewed on the screen, manipulated on the
screen and/or subsequently plotted on paper, (2) to select menu
items displayed on the computer screen or on a tablet (menu items
are simply words or symbols which indicate computer operations
that are performed once selected), or (3) to direct the computer
(in a manner other than by selection of menu items) to perform
certain operations, such as moving text or graphics. This latter
operation can be accomplished by pointing to the text or graphic
to be moved, "grabbing" it by depressing a button on the
digitizer, moving it by moving the digitizer, and releasing it by
releasing the button.
The Podscat PT3030 is an input device used with small
personal computers and is similar in function to a mouse or
-2-
scanner. The unit has a built in single chip computer which can
emulate other well known digitizers (i.e. Summa, GTCO, Hitachi
etc.). The digitizer has a surface area of 12 inches by 12
inches and possesses a cursor with a crosshair sight. The
manufacturer's literature also shows that the digitizer contains
an emulation mode and configuration menu which allows tablet top
selections, plus a built in eeprom which allows custom
configuration to be stored.
The article in question also possess a replaceable template
that contains a menu which would allow the user to run AUTO CADD,
a popular type of computer assisted design and drafting program.
The template may be removed and replaced by other menus or the
unit may be operated as a drawing board without a template. The
article will be shipped with a tablet, cursor, cable, power
adapter, user's manual and a template.
The user's reference manual states that the tablet uses
electro-magnetic proximity sensing technology. This technology
uses an electromagnetic field which allows for a higher degree of
accuracy than that used on other digitizers (i.e. mechanical and
mechanical/optical digitizers). It works by the use of a
microprocessor in the tablet that senses the cursor's location as
it is moved over the surface of the tablet. The microprocessor
then calculates the x and y coordinates of the cursor and sends
them, as well as the status of the buttons, to the communications
port in the output format determined by the tablets current
emulation mode. This enables the digitizer to transmit absolute
position, which allows for greater precision because it enables
the user to position the cursor in an exact location on the
screen before beginning to draw. Lastly, the tablet is also able
to detect the cursor's movement up to 1/2 inch above the surface
of the active area.
ISSUE:
Whether the digitizer is properly classifiable within
subheading 9017.20.80 of the Harmonized Tariff Schedule of the
United States Annotated (HTSUSA), which provides for other
drawing, marking-out or mathematical calculating instruments;
or are these articles classifiable within subheading 8471.92.90,
HTSUSA, which provides for other input units, whether or not
entered with the rest of a system and whether or not containing
storage units in the same housing.
LAW AND ANALYSIS:
Classification of products under the HTSUSA is governed by
the General Rules of Interpretation (GRI's). GRI 1 provides that
-3-
classification is determined first in accordance with the terms
of the headings of the tariff and any relative section or
chapter notes.
Heading 9017, HTSUSA, provides for drawing, marking-out or
mathematical calculating instruments. Classification of certain
digitizers as drawing instruments within 9017 has been
anticipated as evidenced by the inclusion of the statistical
suffix 9017.20.8040 which provides for "[h]and operated input
devices which transmit position data to computer processors or
displays (digitizers)." Thus, since digitizers designed for
drawing, drafting and other graphics applications are
specifically mentioned under subheading 9017.20.80, they appear
to be within the terms of that provision.
However, only digitizers embodying technology that provides
at least a certain degree of accuracy can be considered designed
for use as drawing instruments. But not all digitizers that
possess this degree of accuracy should be considered drawing
instruments. Digitizers using only imprecise technology function
as pointers for menu selection and the movement of existing text
or graphics and are not designed for use as drawing instruments.
Mechanical mice, mechanical/optical mice and other low
resolution digitizers are designed for use as input devices
principally with desk-top publishing, word processing programs,
accounting spread sheet programs, music programs and game
programs, none of which utilize the mouse as a drawing
instrument, and should not be classified under 9017.
To determine which digitizers are designed for drawing and
which are designed as general input devices, Customs conducted
extensive inquiries with various producers. We have determined
that while the inability of the mechanical, optical, and
mechanical/optical mice to create precise drawings indicates that
they are not drafting or drawing instruments, the ability to
produce precise coordinate data does not necessarily make a
digitizer a drafting or drawing instrument. Recent developments
in software applications require precision in non-drawing
applications as well as graphics applications. To determine the
appropriate classification it is necessary to examine each
digitizer carefully to determine the use for which it was
designed. Once it is determined that a digitizer utilizes one of
the technologies necessary to create accurate drawings
(electromagnetic induction, electrostatic technology, or similar
technologies), it must be determined that this precision is not
intended to be utilized for non-drawing purposes. Such an
indication can be presumed when the digitizer utilizes a
crosshair sight or a large tablet, as is the case here.
-4-
The PT3030 is a drawing and drafting instrument because it
possesses the required technology and precision to enable the
user to create accurate drawings. This conclusion is supported
by a wide variety of information. The tablet has an active
surface area of 12 inches by 12 inches, which by itself does not
indicate design for drawing but is one indicator of drawing
capability. The digitizer also utilizes electro-magnetic
induction which can be used for detailed drawing. It possess a
cursor with a crosshair sight which provides for accuracy in
tracing of 1/100th of an inch. Lastly, it is equipped with a
template that contains a menu for a design and drafting program.
Therefore, these digitizers clearly possess the type of
technology required for them to be classifiable as drawing
instruments.
Subheading 8471.92.90, HTSUSA, provides for other input
units. Explanatory Note (I)(A) of heading 84.71, describes an
input unit as a device which receives input data and converts it
into signals which can be processed. The digitizer at issue is
described by the importer as an input device and meets the
description of one in the Explanatory Notes. Those digitizers
and mice not designed for use as drawing instruments, and not
classified elsewhere by virtue or their function or otherwise,
are input devices under this subheading. However, those
digitizers used as drafting and drawing machines like the PT3030,
are excluded from heading 8471 by Chapter Note 5. This note
excludes from heading 8471, machines working in conjunction with
an automatic data processing machine and performing a specific
function. These machines, the PT3030 in this case, are
classified in the headings appropriate to their respective
function. The PT3030 is a input machine working with an
automatic data processing machine that performs the function of
a drawing and drafting machine. Therefore, it is classifiable in
the heading appropriate to its function, which in this case is
that of drawing and drafting machines.
HOLDING:
The PT3030 is properly classifiable in subheading
9017.20.8040, HTSUSA, which provides for other drawing, marking-
out or mathematical calculating instruments, hand operated input
devices which transmit position data to computer processors or
displays (digitizers), dutiable at the rate of 5.8 percent ad
valorem.
Sincerely,
John Durant, Director
Commercial Rulings Division