CLA-2 CO:R:C:M 950241 MBR
Ms. Nadine M. Silsbie
Brian A. Hill & Company, Inc.
Hill Cargo Facility
Logan Airport
E. Boston, MA 02128
RE: Color Scanner Systems; Raster Image Process; Analyse Unit;
Scanner Data Terminal; Visual Display Unit; High Speed
Printer; Floppy Disk Drive Unit; Typesetting Machinery,
Apparatus And Equipment; Graphics and Lettering Composing
System
Dear Ms. Silsbie:
This is in response to your letter dated July 26, 1991,
requesting a classification ruling on behalf of E.I. DuPont de
Nemours & Company, regarding "Scanners" for phototypesetting,
under the Harmonized Tariff Schedule of the United States
Annotated (HTSUSA).
FACTS:
You describe the merchandise as follows. The "Scanners" are
a high-technology device used for the production of texts, forms,
and illustrations that are used in professional printing. The
basic "Scanner" system consists of an "analyse" unit, one or more
"expose" units, and peripheral equipment such as a film punch and
film loading table.
Transmission copy or reflection copy can be scanned/composed
on the analyse unit to produce up to four separations in one scan
(one for each color represented in the printing process).
The use of Electronic Dot Generation (EDG) or Raster Image
Process (RIP) eliminates the need of expensive contact screens to
produce half-tone separations. EDG/RIP gives perfect prediction
and maximum light for exposure. The operator can choose from
four dot shapes, positive or negative dots, a wide range of
screen rulings and a wide range of enlargement values.
-2-
Some models include a "Scanner Data Terminal" (SDT), which
enables an enhanced job set-up mode. As an option, it can
include a 300 Mbyte removable (CDC) and/or Winchester-type disk
drives for disk scanning modes. The SDT consists of several
units: a dual floppy disk drive and controller, visual display
unit (VDU) and keyboard, and a high speed printer.
ISSUE:
Is the "Scanner" system classified as machinery, apparatus
and equipment for typesetting in Heading 8442?
LAW AND ANALYSIS:
The General Rules of Interpretation (GRI's) to the HTSUSA
govern the classification of goods in the tariff schedule. GRI 1
provides, in pertinent part:
...classification shall be determined according to the terms
of the headings and any relative section or chapter notes...
Heading 8442, HTSUSA, in part describes machinery, equipment
and apparatus for typesetting. The Harmonized Commodity
Description and Coding System Explanatory Notes (ENs) to Heading
8442, HTSUSA, p. 1234, provide that the heading covers machines
"...used to assemble (compose or set) it [(type)] for use in
printing, whether by hand or mechanically..." and "...includes
composing machines using a laser beam projected onto photographic
film." The Explanatory Notes, p. 1237, provide that Heading
8442 "...covers only phototype-setting or composing machines
which actually set type even if the type is photographed after it
has been set" (emphasis in original).
The classification of the Purup graphics and lettering
composing system, and all its system components entered
separately, except the scanner and imagesetter, was determined in
Headquarters Ruling Letter HQ 086122, dated January 17, 1991.
The classification of a scanner and imagesetter entered
separately was determined in HQ 088459, dated November 4, 1991.
The Purup ImageMaker, consisting of a laser imagesetter with a
dedicated computer control console and raster image processor
(without ADP machine) was classified in HQ 089808, dated October
24, 1991.
It is clear that the instant "Scanner" system, like the
Purup systems, perform the function of phototypesetting or
composing. Chapter 84, Legal Note 5, provides in part, that
machines incorporating or working in conjunction with automatic
data processing machines and performing a specific function are
classified in the heading appropriate to their respective
functions. The Scanner system has no other utility than the
performance of the specific function of phototypesetting or
-3-
composing, a function described by Heading 8442, HTSUSA.
GRI 2.(a) provides, in pertinent part, that: "[a]ny
reference in a heading to an article shall be taken to include a
reference to that article incomplete or unfinished, provided
that, as entered, the incomplete or unfinished article has the
essential character of the complete or finished article."
The basic Scanner system with the analyse and expose units
has the essential character of a complete phototypesetting and
composing machine, even though other units may be added to expand
the system's capabilities.
It should be noted that the use of the instant merchandise
for phototypesetting clearly distinguishes it from the
merchandise ruled upon in HQ 086082.
HOLDING:
The basic Scanner system with the analyse and expose units
has the essential character of the complete phototypesetting and
composing machine, even though other units may be added to expand
the system's capabilities. Therefore it is classifiable in
subheading 8442.10.00, HTSUSA, which provides for: "[m]achinery,
apparatus and equipment..., for type-founding or typesetting, for
preparing or making printing blocks, plates, cylinders and other
printing components: [p]hototypesetting and composing machines.
The rate of duty is Free. Therefore, systems also including the
Scanner Data Terminal and other additional VDU, printer, and disk
drive units would be similarly classifiable in heading
8442.10.00, HTSUSA.
All software is classifiable under subheading 8524.90.40,
HTSUSA, which provides for recorded media, whether or not entered
with the rest of the system. The rate of duty is 9.7 cents/m2 of
recording surface.
Sincerely,
John Durant, Director
Commercial Rulings Division