CLA-2 CO:R:C:M 088843 CMS
Mr. C. Marcus Rich
Vice President, Support Systems
Optech International, Ltd.
321 No. Front Street
Wilmington, NC 28401
RE: Bioscanner; Television Camera; Robotic Arm; Zoom, Focus
Controls; Video Monitor
Dear Mr. Rich,
This is in response to the request dated January 29, 1991,
forwarded by Lynden Airfreight, Inc., for a classification ruling
on a product imported by Optech International Ltd., described as
the Bioscanner. Our ruling follows.
FACTS:
The merchandise is described by the importer as the
"Bioscanner". The product consists of a CCD television camera
mounted on a robotic arm with controls for the robotic arm
movement and camera focus and zoom. A lighting control box and
rotating turntable may be entered with the camera and robotic
arm.
The product is used to track and record the behavior of
specimens such as Axolotl (Mexican walking fish), sea anemones
and shore lizards in prepared habitats. The images are displayed
on a video monitor which is added to the camera and robotic arm
after importation. The Bioscanner is entered disassembled.
The ruling requestor inquires about the classification of
the merchandise in those cases when it would not be eligible for
the free rate of duty under 9810.00.60, HTSUSA.
ISSUE:
Is the merchandise classified as a television camera in
Heading 8525, or as a robotic apparatus in Heading 8479?
-2-
LAW AND ANALYSIS:
The Harmonized Tariff Schedule of the United States
Annotated (HTSUSA) provides that the classification of articles
is governed by the General Rules of Interpretation (GRI's). GRI
1 states in pertinent part that "...classification shall be
determined according to the terms of the headings and any
relative section or chapter notes...".
The product is not described by the terms of any single
heading. Section XVI Note 3 provides in pertinent part that
composite machines consisting of two or more machines fitted
together to form a whole and other machines adapted for the
purpose of performing two or more complementary or alternative
functions are classified as if consisting of only that component
which performs the principal function.
The merchandise is a Section XVI Note 3 composite machine
consisting essentially of a television camera fitted to a
robotic positioning arm. The components are assembled after
importation and are classified as the assembled machine pursuant
to GRI 2.
The television camera is the component which actually
records the behavior of the specimens and is the component which
performs the principal function. The robotic arm merely
positions the camera. The lighting control box and turntable are
also subsidiary components.
The merchandise is classified as a television camera in
8525.30.00, HTSUSA.
HOLDING:
The merchandise is classified as a television camera in
8525.30.00, HTSUSA. The current rate of duty is 4.2% ad valorem
for products with New Zealand as their country of origin.
Sincerely,
John Durant, Director
Commercial Rulings Division