CLA-2 CO:R:C:G 086225 CMS
Mr. Charles T. Connors
Director of Consulting
Livingston Consulting Group
130 Albert St., Ste. 407
Ottawa, Ontario
Canada K1P5G4
RE: Wave Generating Apparatus
Dear Mr. Connors:
This responds to your request dated December 14, 1989, on
behalf of W. R. Davis Engineering Limited, for a classification
ruling on certain wave generating apparatus. Our ruling follows.
FACTS:
The merchandise consists of various models of wave
generating apparatus which simulate sea states for the purpose of
designing and testing marine vessels and structures. The
apparatus can also be used to test wave energy devices and study
coastal erosion. The wave making components consist of a series
of stainless steel waveboards which are powered by computer
controlled linear hydraulic actuators. The waveboards can be
hinged for flapper-like motion, stroked horizontally or moved
with a combination of the two modes to produce regular or
irregular wave patterns in a test tank.
The user programs the desired wave shape, size and frequency
using a dedicated system of computers. Feedback control signals
are provided to the computer through waveboard displacement
sensors and wave height probes. The wave generating apparatus
come in five models, the Minigen, Maxigen, Modugen, Multigen and
Powergen.
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ISSUES:
1) Are the wave generating apparatus classified as machines
for testing the mechanical properties of materials, in Heading
9024, or as mechanical appliances having individual functions not
specified elsewhere, in Heading 8479?
2) Are the wave generating apparatus eligible for the
reduced duty treatment provided in subheading 9810.00.60?
LAW AND ANALYSIS:
Heading 9024 describes "[m]achines and appliances for
testing the hardness, strength, compressibility, elasticity, or
other mechanical properties of materials...". The determination
of whether the merchandise is classifiable in Heading 9024 turns
on whether the articles tested are "materials" and whether marine
stability and durability are "mechanical properties" under
Heading 9024.
An analysis of the Explanatory Notes to Heading 9024, pp.
1504-1505 reveals that the term "materials" is broadly
interpreted. It includes "manufactured articles (usually
carefully selected or standard specimens)" and "test-pieces,
bars, wire, cables, springs, etc.". It is thus clear that
Heading 9024 covers apparatus which test assembled articles as
well as raw materials. Tests on assembled articles would be
principally designed to determine how well the articles perform
their intended functions. Tests performed on scale models of
vessels and structures are designed to determine how well these
assembled articles perform their intended functions (i.e. marine
stability and durability). Further, tests to determine the
stability and durability of assembled articles inherently involve
testing mechanical properties (e.g. strength, hardness) of the
articles' constituent materials. For these reasons the assembled
scale models of vessels and structures tested by the apparatus
under consideration are "materials" under Heading 9024.
The question remains as to whether marine stability and
durability are "mechanical properties" contemplated by Heading
9024. The Explanatory Notes to 9024, p. 1505 provide that
"[f]atigue tests" are covered by Heading 9024. The particular
fatigue tests listed by the Explanatory Notes are conducted by
rotating test pieces at high speeds, and alternately reversing
the torsional direction of test pieces. Tests for marine
stability and durability are not listed; however, the list in the
Explanatory Notes is illustrative, not restrictive.
The fatigue tests conducted by the apparatus described in
the Notes are similar to those performed by the wave generating
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apparatus. Like the rotating and reverse direction tests, the
wave generating apparatus subject scale vessel models to
tremendous fatigue by tossing them about in simulated rough seas
and causing them to sway back and forth and dip up and down in
sudden jerking motions. The wave generating apparatus similarly
subject scale models of stationary structures (e.g. oil drilling
platforms, breakwaters) to the fatigue of strong currents and the
constant pounding of waves. The Explanatory Notes, p. 1505
further provide that "[t]est pieces are not only submitted to
simple stresses...but are also subjected to compound and varying
stresses." The stability and durability of the scale model
vessels and marine structures in response to the varying stresses
produced by the wave generating apparatus are "mechanical
properties" contemplated by Heading 9024.
Heading 9024 apparatus do not have to actually give a
reading of the test results. The test results can be ascertained
by examining the material with a non-Heading 9024 device (e.g. a
microscope; see Explanatory Notes, p. 1504). Heading 9024
apparatus include "...large mechanically, electrically or
hydraulically operated machines of considerable weight (several
tons)...". Explanatory Notes, p. 1504.
The wave generating apparatus under consideration is
classifiable in Heading 9024. Heading 9024 provides a much more
specific description of the article than Heading 8479 (further,
Chapter 90 articles are excluded from being classified in Chapter
84 by virtue of Section XVI Note 1(m)). It would appear that
the principal use of the apparatus is testing metal; the wave
generating apparatus is thus classified in subheading 9024.10.00.
According to Chapter 98, Subchapter X, U.S. Note 6(a),
articles classified in subheading 9024.10.00 are among the
articles which can be considered for the reduced duty treatment
provided in subheading 9810.00.60. To obtain the benefits of
subheading 9810.00.60, the procedures outlined in Chapter 98,
Subchapter X, U.S. Notes 6(b) through 6(f) must be followed.
Enclosed for your information is a Form ITA 338P and a copy of 15
CFR Part 301.
HOLDING:
The wave generating apparatus are classified in 9024.10.00,
HTSUSA.
Sincerely,
John Durant, Director
Commercial Rulings Division