CLA-2 CO:R:C:M 951861 MBR
Mr. Jon E. Sollid
Sollid Optics, Inc.
365 Valle Del Sol
Los Alamos, NM 87544
RE: Lasermet Rotoviewer Model LMR50; Stroboscope Defined;
Optical Instrument
Dear Mr. Sollid:
This is in reply to your letter of February 5, 1992,
directed to the Customs office in New York, N.Y., requesting the
classification of the "Lasermet Rotoviewer Model LMR50," under
the Harmonized Tariff Schedule of the United States (HTSUS).
Your letter was referred to this office for response.
FACTS:
The Lasermet Rotoviewer system ("Rotoviewer") is an
instrument which can continuously freeze rotational motion in
real time. The Rotoviewer allows the rotating component to be
viewed continuously, so that its motion can be fully analyzed
throughout each cycle of its rotation. The Rotoviewer can be
used to measure deflections, strains, vibrations, heat emissions
and fluid flow distributions on rotating structures.
The Rotoviewer is mounted on a mechanism which permits the
instrument's optical axis to be accurately aligned to the
component's rotational axis. After alignment of the axes is
achieved, a stationary image can be obtained by causing the rate
of rotation of the mirror unit to be exactly one half that of the
component. This matching of rotational speed is achieved by
utilizing a stepper motor, located in the Rotoviewer head, with a
series of electrical impulses from an encoded unit mounted on the
shaft of the rotating component. Alternatively, signals can be
derived either from a tachogenerator or from a built-in
oscillator located in the Rotoviewer's control console. The
entire Lasermet Rotoviewer system consists of the head, the
alignment unit, the control console, and the LED/encoded unit.
There is actually no
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laser present in the system.
ISSUE:
Is the Lasermet Rotoviewer system classified in subheading
9029.20.60, HTSUS, which provides for stroboscopes, or is
classification appropriate under subheading 9031.40.00, HTSUS,
which provides for: "[m]easuring or checking instruments...:
[o]ther optical instruments and appliances?"
LAW AND ANALYSIS:
The General Rules of Interpretation (GRI's) to the HTSUS
govern the classification of goods in the tariff schedule. GRI 1
states, in pertinent part:
...classification shall be determined according to the terms
of the headings and any relative section or chapter notes...
The Harmonized Commodity Description and Coding System
Explanatory Notes (ENs) to heading 9029, HTSUS, page 1523-24,
state in pertinent part:
(C) STROBOSCOPES
Stroboscopes enable machines in operation to be
observed as though they were moving slowly or were
stationary; they can also be used to measure the speed of
rotating or reciprocating movements. In the latter case,
they are known more particularly as stroboscopic
tachometers. Stroboscopes operate on the principle of
producing apparent immobility or reduced speed in the
mechanism to be observed, by means of successive glimpses
(flashes) at fixed intervals. The mechanism under
observation may be permanently illuminated for examination
through an optical instrument (a disc with one or more
radial slots or "windows") which interrupts the line of
sight; or the mechanism may be placed in the dark and
illuminated periodically for very short periods
(flashes)....
(Emphasis added).
Although the Rotoviewer "enables machines in operation to be
observed as though they were moving slowly or were stationary,"
it does not function on the stroboscopic principle. There is no
"glimpse," "flash," or "window" which interrupts the line of
sight. The Rotoviewer allows constant viewing in real time by
matching the moving object with a mirror spinning at half the
angular velocity. Similarly, for instance, if a video camera
were to spin at the same speed as a spinning object, it would
create the same stationary real time image of the object,
however, it would not be considered a stroboscope. Furthermore,
the Rotoviewer is used to measure events which a stroboscope
would not necessarily capture, such as fluid flow distributions
on rotating structures, vibrations, etc.
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Therefore, the Rotoviewer is not classifiable in subheading
9029.20.60, HTSUS, which provides for stroboscopes. However, the
Rotoviewer system contains a significant number of optical
elements. Chapter 90, HTSUS, Additional U.S. Note 3, provides
that: "[f]or the purposes of this chapter, the terms 'optical
appliances' and 'optical instruments' refer only to those
appliances and instruments which incorporate one or more optical
elements, but do not include any appliances or instruments in
which the incorporated optical element or elements are solely for
viewing a scale or for some other subsidiary purpose."
Therefore, because the Lasermet Rotoviewer system Model LMR50
incorporates one or more optical elements that are not
subsidiary, it remains classifiable as an optical instrument
classifiable in subheading 9031.40.00, HTSUS.
HOLDING:
The Lasermet Rotoviewer system model LMR50 is classifiable
in subheading 9031.40.00, HTSUS, which provides for: "[m]easuring
or checking instruments, appliances and machines, not specified
or included elsewhere in this chapter: [o]ther optical
instruments and appliances." The rate of duty is 10% ad valorem.
Sincerely,
John Durant, Director