CLA-2 CO:R:C:M 956031 LTO
Ms. Andrea E. Migdal
Gray Cary Ware & Freidenrich
401 B Street, Suite 1700
San Diego, California 92101-4297
RE: MICROSCAN Elevator Door Detection Devices; Section XVI,
note 2(a); Section XVI, note 3; heading 8531; heading 8537;
HQ 954364; EN 84.31; EN 85.31; EN 85.37
Dear Ms. Migdal:
This is in response to your letter of February 17, 1994, on
behalf of T.L. Jones Microscan, Inc., to Customs in New York,
requesting the classification of MICROSCAN elevator door detection
devices under the Harmonized Tariff Schedule of the United States
(HTSUS). Your letter was referred to this office for a response.
FACTS:
The articles in question are MICROSCAN elevator door detection
devices, which are designed to detect obstructions in the elevator
door opening prior to closing the elevator's doors. Depending on
the particular model, the devices can be used in either side
opening elevator door applications or center closing elevator door
applications. However, the devices for each of these applications
are essentially the same in design, purpose and operation.
The devices are designed to operate as elevator entrance
detector screens, and are installed in both new and existing in-
service elevators. Each device uses 32 infrared light beams
projected between a transceiver (combined transmitter and receiver)
installed on opposite sides of the elevator door opening. The
infrared transmitters and corresponding receivers are designed to
determine the presence of an uninterrupted light path in the
elevator door opening. If one or more of the beams - 2 -
are interrupted, a relay is de-energized causing the elevator
door controller, depending on the model, to open the doors or stop
them from closing. This relay is the interface between the device
and the elevator door control system, which is not a part of the
device in question.
The devices also include an audible warning circuit consisting
of two timers and a beeper. The first timer determines the delay
time before the beeper is activated and can be set from zero to 60
seconds. The second timer determines the beep time and starts
after the delay time runs out and can also be set from zero to 60
seconds.
ISSUE:
Whether the MICROSCAN elevator door detection devices are
classifiable as elevator parts under heading 8431, HTSUS, as
electronic signaling devices under heading 8531, HTSUS, or as bases
for the control or distribution of electricity under heading 8537,
HTSUS.
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 that "for legal purposes, classification
shall be determined according to the terms of the headings and any
relative section or chapter notes . . . ."
The subheadings at issue are as follows:
8431 Parts suitable for use solely or
principally with the machinery of heading
8425 to 8430:
Of machinery of heading 8428:
8431.31.00 Of passenger or freight elevators
other than continuous action, skip
hoists or escalators
* * * * * * * * * * * * *
*
8531 Electric sound or visual signaling
apparatus (for example, bells, sirens,
indicator panels, burglar or fire alarms),
other than those of heading 8512 or 8530;
parts thereof:
Other apparatus:
8531.80.80 Other
- 3 -
* * * * * * * * * * * * *
8537 Boards, panels (including numerical
control panels), consoles, desks, cabinets
and other bases, equipped with two or more
apparatus of heading 8535 or 8536, for
electric control or the distribution of
electricity, including those incorporating
instruments or apparatus of chapter 90,
other than switching apparatus of heading
8517:
For a voltage not exceeding 1,000 V:
8537.10.90 Other
Note 2 to section XVI, HTSUS, governs the classification of
parts in chapters 84 and 85. Note 2(a) provides that "[p]arts
which are goods included in any of the headings of chapters 84 and
85 (other than headings 8485 and 8548) are in all cases to be
classified in their respective headings [emphasis added] . . . .
Accordingly, if the MICROSCAN elevator door detection devices are
goods included in heading 8531 or 8537, HTSUS, they cannot be
classified as parts under heading 8431, HTSUS.
The Harmonized Commodity Description and Coding System
Explanatory Notes (EN) constitute the Customs Co-operation
Council's official interpretation of the Harmonized System. While
not legally binding, the ENs provide a commentary on the scope of
each heading of the Harmonized System, and are generally indicative
of the proper interpretation of these headings. See T.D. 89-80,
54 Fed. Reg. 35127, 35128 (Aug. 23, 1989).
EN 85.31, pg. 1381, states that heading 8531, HTSUS, "covers
all electrical apparatus used for signalling purposes, whether
using sound for the transmission of the signal (bells, buzzers,
hooters, etc.) or using visual indication (lamps, flaps,
illuminated numbers, etc.), and whether operated by hand (e.g.,
door bells) or automatically (e.g., burglar alarms)." While the
devices in question perform a signaling function, they also cause
the elevator doors to open or remain open, by de-energizing a
relay.
In HQ 954364, dated January 27, 1994, Customs reiterated that
heading 8531, HTSUS, is a use provision subject to Additional U.S.
Rule of Interpretation 1(a), which states that: "a tariff
classification controlled by use . . . is to be determined in
accordance with the use in the United States at, or immediately
prior to, the date of importation, of goods of that class or kind
to which the imported goods belong, and the controlling use is the
principal use." In that ruling, we held that certain liquid
crystal displays, due to the limitation of their design, function
and principal use to that of "signaling," - 4 -
were classifiable as visual signaling apparatus under heading 8531,
HTSUS.
The MICROSCAN elevator door detection devices are not so
limited. In fact, it is our opinion that the principal function
of the devices is not their signaling ability, but their ability,
by de-energizing a relay, to cause the elevator doors to open or
remain open. Accordingly, the devices are not merely signaling
apparatus, and cannot be classified under heading 8531, HTSUS.
It has been suggested that the devices are classifiable as
other bases for the control or distribution of electricity under
subheading 8537.10.90, HTSUS. EN 85.37, pg. 1391, states that the
articles of heading 8537, HTSUS, "consist of an assembly of
apparatus of the kind referred to in the two preceding headings
(e.g., switches and fuses) on a board, panel, console, etc., or
mounted in a cabinet, desk, etc. They usually also incorporate
meters, and sometimes also subsidiary apparatus such as
transformers, valves, voltage regulators, rheostats or luminous
circuit diagrams."
The MICROSCAN elevator door detection devices are not designed
for the control or distribution of electricity. They do not
consist of an assembly of apparatus on a board, panel, console or
mounted in a cabinet or desk. They do not incorporate meters,
transformers, valves, voltage regulators, rheostats or luminous
circuit diagrams. Moreover, the devices perform a signaling
function that is not contemplated by the terms of heading 8537,
HTSUS, nor EN 85.37, pg. 1391. As such, the devices do not fall
within the limited scope of heading 8537, HTSUS, and because they
are not "goods included" in any chapter 84 or 85 heading, note 2(a)
to section XVI is inapplicable.
EN 84.31, pg. 1207, states that heading 8431, HTSUS, "covers
parts for use solely or principally with the machinery of headings
8425 to 8430 [emphasis in original]." Heading 8428, HTSUS,
provides for "[o]ther lifting, handling, loading or unloading
machinery (for example, lifts, elevators, conveyors, teleferics)."
The MICROSCAN elevator door detection devices are solely used with
the elevators of heading 8428, HTSUS. Accordingly, they are
classifiable, as parts, under heading 8431, HTSUS, specifically
under subheading 8431.31.00, HTSUS.
HOLDING:
The MICROSCAN elevator door detection devices are classifiable
under subheading 8431.31.00, HTSUS, which provides - 5 -
for parts of passenger or freight elevators. The corresponding
rate of duty for articles of this subheading is 2% ad valorem.
Sincerely,
John Durant, Director
Commercial Rulings Division