CLA-2 CO:R:C:G JMH
Judy T. Fujii
Import Administrator
Mitsubishi Consumer Electronics America, Inc.
2001 East Carnegie Avenue
Santa Ana, California 92705
RE: Unit Optical Assembly
Dear Ms. Fujii:
This letter modifies Headquarters Ruling Letter 083361 (HQ
083361), dated October 4, 1989 in accordance with the Customs
Regulations. 19 C.F.R. section 177.9 An error was made in the
classification of merchandise in the former ruling and it is no
longer effective. The following ruling should be substituted for
HQ 085568.
FACTS:
The merchandise in question, unit optical assemblies, are
used in projection color television receivers. The assemblies'
function is to produce the color picture and optically project
the picture to the screen of the projection color television.
The submitted photos indicate that the imported unit
consists of three monochrome picture tubes with deflection yokes.
The tubes are fastened together with a bracket. Three mounted
lenses are attached to the bracket. The assembly is not wired
together and contains no other major components or functions such
as amplification, modulation or detection.
ISSUE:
Within which heading of the Harmonized Tariff Schedule of
the United States Annotated (HTSUSA) should the unit optical
assembly be classified?
-2-
LAW AND ANALYSIS:
The classification of merchandise within the HTSUSA is
governed by the General Rules of Interpretation. GRI 1, HTSUSA,
states in part that "for legal purposes, classification shall be
determined according to the terms of the headings and any
relative section or chapter notes..."
Chapter 85, Additional U.S. Note 5(a), HTSUSA, states:
Picture tubes imported in combination with, or
incorporated into, other articles are to be classified
in subheadings 8540.11 through 8540.12, inclusive,
unless they are--
(a) incorporated into complete television receivers as
defined in additional U.S. note 6 below...
Chapter 85, Additional U.S. Note 6 defines "complete
television receivers" as "television receivers, fully assembled
in their cabinets, whether or not packaged or tested for
distribution to the ultimate purchaser(s)."
The unit optical assemblies in question do not meet the
definition of "complete television receivers." Therefore, they
must be classified within subheading 8540.11 through 8540.12,
HTSUSA. The correct classification is within subheading 8540.12,
HTSUSA, as "Thermionic, cold cathode or photocathode tubes...
black and white or other monochrome."
HOLDING:
The unit optical assembly is properly classifiable within
subheading 8540.12, HTSUSA, as "Thermionic, cold cathode or
photocathode tubes...black and white or other monochrome."
Sincerely,
John Durant, Director
Commercial Rulings Division.