HQ 953953
MAY 4 1993
CLA-2:CO:R:C:M 953953 JAS
Mr. David L. Mohn
International Electronic Products
Corporation of America
6-8 North Williams Street
Whitehall, NY 12887-1119
RE: Piezoelectric Buzzer Element; Parts of Apparatus Based
on the Use of Alpha, Beta or Gamma Radiationa; Part of
Ionization-Type Smoke Detector; Parts of Burglar or Fire
Alarms, Subheading 8531.90.00: Electrical Parts of
Machinery, 8548.00.00; Principal Use, Chapter 90, Note
2(b), HTSUS; HQ 952878 Revoked
Dear Mr. Mohn:
In a letter dated February 25, 1993, you present additional
evidence as to the principal use of a piezoelectric buzzer
element you propose to import from China. We addressed the
tariff status of this merchandise in an earlier letter to you,
dated February 11, 1993 (HQ 952878).
FACTS:
In general, buzzer elements operate on the piezoelectric
principle to transduce an electric signal into a mechanical audio
signal in a specific hertz range. Depending on the electricals
of the parent device and the frequencies at which they are
programmed to react, buzzer elements can emit a variety of audio
signals such as buzzing, chiming, beeping, etc. in automotive
warning indicators, burglar alarms and smoke detectors,
calculators, door bells, watches, pagers, timers, games and
similar articles.
As imported, this particular element, designated part
DMX1029, is a ceramic wafer bonded to a metal disc. After
importation, silver electrodes are fused at three points on the
circumference of the buzzer which then fits into a molded plastic
housing. The end of the electrodes fit snugly into corresponding
protrusions on the housing that function as legs. The electrodes
and legs fit onto a pc board inside a home ionization-type smoke - 2 -
detector. In devices of this kind, small quantities of alpha,
gamma and beta radiations create an electric current in the
sensing chamber. Smoke entering the chamber interrupts the
current and opens a circuit that sends AC voltage from a 9 volt
battery across the wafer. This causes the wafer to vibrate at
the frequency of the applied voltage, thus creating sound waves
as an alarm.
In our February 11, 1993, ruling, we concluded that lacking
evidence of the principal use of the class or kind of articles to
which this buzzer element belongs, it would be classified in
subheading 8548.00.00, Harmonized Tariff Schedule of the United
States (HTSUS), as electrical parts of machinery or apparatus,
not specified or included elsewhere in chapter 85.
You note that buzzer element DMX1029 is programmed to react
at a frequency of between 2,000 to 3,000 hertz (hz), which is the
range common to home smoke and fire detectors. Accordingly, you
suggest that this buzzer element may be provided for in
subheading 8531.90.00, HTSUS, as parts of electric sound or
signaling apparatus.
You submit engineering drawings for both the buzzer element
and the plastic housing into which it is fitted to form an alarm
horn housing assembly; a sample alarm horn assembly designated
part H58-92-XX; a First Alert home smoke detector which contains
an alarm horn assembly identical to the sample; and, a letter
from BRK Electronics, Aurora, IL., a company to whom you supply
the buzzer elements in issue. The letter, dated February 19,
1993, states that both buzzer element DMX1029 and the molded
plastic housing with which it is used, are proprietary designs of
the First Alert smoke/fire alarm systems and buzzer element
DMX1029 serves as the audio alarm device.
ISSUE:
Whether a principal use for the buzzer element designated
DMX1029 has been established.
LAW AND ANALYSIS:
Merchandise is classifiable under the Harmonized Tariff
Schedule of the United States (HTSUS) in accordance with the
General Rules of Interpretation (GRIs). GRI 1 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, and provided the headings or notes do not
require otherwise, according to GRIs 2 through 6.
If there is no specific provision appropriate to buzzer
element DMX1029, it will be classified with the machines,
instruments or apparatus with which it is found to be solely or - 3 -
principally used. See Chapter 90, Note 2(b), HTSUS. In this
context, principal use is that use which exceeds any other single
use of the merchandise.
Whether principal use has been established depends on the
evidence in each case. Many times, the character of the
merchandise itself and the circumstances in which it is used can
be evidence of principal use. In administrative proceedings
Customs has considerable latitude in evaluating the available
information in a light most favorable to the importer,
particularly where there is no other contradictory evidence.
In this case, the thickness and diameter of buzzer element
DMX1029 are closely toleranced for a specific service
application. But, more importantly, the propriety nature of the
buzzer element and its corresponding plastic housing is an
indication that the two are dedicated for use with home smoke
detectors. Also, the element is programmed to react to
frequencies in the 2,000-3,000 hz range, which is typical in home
smoke detectors. While there are doubtless other devices that
produce frequencies in the same range, and with which the subject
buzzer element may be compatible, the record here does not permit
us to draw any definite conclusions.
HOLDING:
Under GRI 1, buzzer element DMX1029 is a part solely or
principally used with apparatus based on the use of alpha, beta
or gamma radiations of heading 9022. Actual classification is in
subheading 9022.90.70, HTSUS, as other parts of ionization type
smoke detectors. The rate of duty is 2.7 percent ad valorem.
This decision is based on the information available to us at
this time. It will not preclude Customs from evaluating
additional evidence of the principal use of the merchandise that
may come to our attention in the future.
EFFECT ON OTHER RULINGS:
Under the authority of section 177.9(d)(1), Customs
Regulations, HQ 952878 is revoked.
Sincerely,
John Durant, Director
Commercial Rulings Division