CLA-2 RR:TC:MM 960634 RFA

Mr. Paul C. Rosenthal
Collier, Shannon, Rill & Scott, PLLC
3050 K Street, NW
Suite 400
Washington, DC 20007

RE: Electroluminescent Flat-Panel Displays; Automatic Data Processing Machines; Principal Use; Signaling Apparatus; Electrical Machines and Apparatus, Having Individual Functions, Not Specified or Included Elsewhere; Headings 8471, 8531, and 8543; Legal Note 5(B) to Chapter 84; Additional U.S. Rule 1(a); HQs 952502, 957795; HQ 957793, clarified

Dear Mr. Rosenthal:

This is in reference to your letter dated December 7, 1995, on behalf of Planar Systems, concerning the tariff classification of electroluminescent (EL) flat panel displays under the Harmonized Tariff Schedule of the United States (HTSUS). In preparing this ruling, we also considered arguments provided in our meetings on December 15, 1995, and March 28, 1996, as well as the information provided with your submissions of March 15, March 28, April 3, May 15, 1996, and June 13, 1997.

FACTS:

In HQ 957795, dated March 3, 1997, Customs classified four out of ten groups of Planar's thin profile electroluminescent (EL) flat-panel displays. In each group, the EL flat panel displays have printed circuit boards (PCBs) populated with row and column drivers (integrated circuits), and a metal bezel (frame). The four groups had pixel configurations of: 640 x 480 [also known as a Video Graphics Array (VGA) standard]; 640 x 400 [also known as a Enhanced Graphics Adapter ("EGA") standard]; 640 x 350 [also known as a EGA standard]; and 640 x 200 [also known as a Color Graphics Adapter ("CGA") standard]. In that ruling, Customs held that the first four groups of EL displays met the terms of heading 8471, HTSUS, as automatic data processing (ADP) output units because they met specific industry standards and the terms of Legal Note 5(B) to chapter 84 [see attached copy of HQ 957795].

The merchandise now under consideration consists of the remaining six groups of thin profile EL flat-panel displays which were not classified in HQ 957795. In each group, the EL flat panel displays have printed circuit boards (PCBs) populated with row and column drivers (integrated circuits), and a metal bezel (frame). You state that all of the EL flat panel displays have a response time of a few milliseconds between signals.

Group 5 consists of the following display with a 560 x 400 pixel configuration:

Model Number Pixel Pitch Weight Input Voltage

EL 560.400N .254 x .254mm 14 oz. +5, +12 V

The product literature submitted states that this EL display replaces CRTs in instruments such as oscilloscopes, spectrum analyzers and logic analyzers.

Group 6 consists of the following displays with a 512 x 256 pixel configuration:

Model Number Pixel Pitch Weight Input Voltage

EL 512.256H no data available no data available no data available

EL 6648MS .381 x .381mm 25 oz. +12 V

The product literature submitted states that these EL displays replace CRTs for microcomputer-based product designs.

Group 7 consists of the following displays with a 320 x 256 pixel configuration:

Model Number Pixel Pitch Weight Input Voltage

EL 320.256-FD .30 x .30mm 10.9 oz +5, +11. . . +30 V

EL 320.256 F .30 x .30mm 9.2 oz +5, +11. . . +30 V

EL 320.256-F6/FD6 .30 x .30mm 9.2 oz. +5, +11. . . +30 V

The product literature submitted states that these EL displays replace CRTs for control and instrument product designs.

Group 8 consists of the following displays with a 320 x 128 pixel configuration:

Model Number Pixel Pitch Weight Input Voltage

EL 4737 LP .528 x .528mm 13 oz +5, +12 V

The product literature submitted states that this EL display replaces CRTs for microcomputer-based product designs.

Group 9 consists of the following displays with a 276 x 128 pixel configuration:

Model Number Pixel Pitch Weight Input Voltage

EL 4836 LP .53 x .53mm 12.5 oz +5, +12 V

The product literature submitted states that this EL display replaces CRTs for microcomputer-based product designs.

Group 10 consists of the following displays with a 240 x 64 pixel configuration:

Model Number Pixel Pitch Weight Input Voltage

EL 240.64 .528 x .528mm 6 oz +5, +12 V

EL 240.64-S no data available no data available no data available

The product literature submitted states that these EL displays replace CRTs for instrument product designs.

EL displays can be incorporated into automatic data processing (ADP) machines such as personal computers, laptop computers, and workstations, as well as portable patient medical monitors, telecommunications test equipment, point of sale terminals, avionics, transportation screens, etc.

ISSUE:

Whether Planar EL displays, groups 5 through 10, are classifiable as output units for ADP machines under heading 8471, or as electric sound or visual signaling apparatus under heading 8531, or as machines having electrical functions not specified or included in heading 8543, under the HTSUS?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUS is in accordance with the General Rules of Interpretation (GRI's). GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes.

In HQ 957795, we stated that EL displays are prima facie classifiable in the following headings: heading 8471, HTSUS, which provides for ADP machines and units thereof; heading 8531, HTSUS, which provides for electric sound or visual signaling apparatus; and, heading 8543, HTSUS, which provides for electrical apparatus having functions not elsewhere specified or included.

To be classified as an ADP unit, the subject display must meet the terms of Legal Note 5(B) to chapter 84, HTSUS, which provides that:

Automatic data processing machines may be in the form of systems consisting of a variable number of separate units. Subject to paragraph (E) below, a unit is to be regarded as being a part of a complete system if it meets all the following conditions:

(a) It is of a kind solely or principally used in an automatic data processing system;

(b) It is connectable to the central processing unit [CPU] either directly or through one or more other units; and

(c) It is able to accept or deliver data in a form (codes or signals) which can be used by the system.

Heading 8531, HTSUS provides for electric sound or visual signaling apparatus. Therefore, to be classifiable in this heading the apparatus must be limited by design and function to signaling. Customs has held that heading 8471, HTSUS, and heading 8531, HTSUS, are use provisions subject to Additional U.S. Rule 1(a), HTSUS. See HQ 956870 (July 27, 1995) and HQ 951288 (July 7, 1992). Additional U.S. Rule 1(a), HTSUS, states that: "[a] tariff classification controlled by use (other than actual 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." Therefore, unless a principal use for ADP output (heading 8471) or signaling (heading 8531) can be established satisfactorily either by design limitation or other reliable means, EL displays are classified as electrical machines and apparatus not elsewhere specified for in chapter 85 (heading 8543). See HQ 957795.

In HQ 957795 we stated that:

In HQ 952502, dated March 18, 1993, Customs determined the classification of certain LCD modules with a column configuration (Y axis) of 640 pixels and a row configuration (X axis) of 200 to 480 pixels which were connected to PCBs populated with row and column driver integrated circuits, output connectors, backlighting, and bezel. After holding that the dispositive issue was one of principal use, Customs found that these modules met specific computer industry standards [e.g., Video Graphics Array ("VGA"), Enhanced Graphics Adapter ("EGA"), or Color Graphics Adapter ("CGA")] and, therefore, were principally used as ADP output units, classifiable under heading 8471, HTSUS. These industry standards are consistent with our information from VESA (Video Electronics Standards Association), an organization of major personal computer (PC) graphics vendors devoted to improving graphics standards by setting and supporting industry-wide standards for the PC, workstation, and computing environments.

We find the criteria enunciated in HQ 952502 to be applicable to the determination of principal use in the instant case. Accordingly, for an EL flat-panel display to be an ADP output unit of heading 8471, it must generally meet the same criteria as that of an LCD flat panel display for an ADP machine. Applying the principles stated in HQ 952502, an EL display panel must be: connectable to the CPU; capable of receiving data from an ADP system; and, be of a type of display that is principally or solely used in an ADP system. We find that complete or finished EL flat panel displays, groups 1 through 4, which are connectable to a CPU, capable of receiving data from an ADP system, and meet the specific computer industry standards of CGA, EGA, and VGA are classifiable under heading 8471, HTSUS. Depending upon the size of the screen (visual display diagonal), EL flat-panel displays, groups 1 through 4, are classifiable under subheading 8471.60.30 or 8471.60.45, HTSUS, which provides for ADP output units.

After issuing HQ 957795, we sought further information to support a claim for principal use of groups 5 through 10. However, you have not provided any additional information other than your assertion that groups 5 through 10 are also ADP output units. In the Planar sales literature for EL displays falling within groups 1 through 4, there was evidence that supported the claim that these groups of EL displays are VGA, EGA and CGA compatible. However, in examining the documents and sales literature that you submitted for groups 5 through 10, we find that there is no similar evidence to support the claim that the these groups meet a recognizable computer industry standard such as CGA, EGA, and VGA. Furthermore, in your letter of June 13, 1997, you clearly indicate that Planar's displays do not meet the terms of signaling as described in heading 8531, HTSUS, and again merely asserted without any additional documentation, that the remaining groups should also be classified under heading 8471, HTSUS.

As stated in HQ 957795, without evidence to support the claim of principal use either as ADP output units of heading 8471, or as signaling of heading 8531, then classification of EL displays would devolve to heading 8543. Therefore, we find that Planar displays, groups 5 through 10, are classifiable under subheading 8543.89.90, HTSUS, which provides for: "[e]lectrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter. . . : [o]ther machines and apparatus: [o]ther: [o]ther: [o]ther: [o]ther. . . ."

In resolving the classification issue of EL displays, we have determined that HQ 957793, dated April 19, 1995, in which Customs determined that a Planar EL display with a pixel configuration of 320 x 256 [Group 7] was classifiable under heading 8543, HTSUS, as other electrical machines and apparatus, needs to be clarified. In that ruling, Customs based its decision, in part, on Opinion 8543.80/1 of the Compendium of Classification Opinions (Compendium) to the Harmonized Commodity Description and Coding System (HS). The Compendium consists of the classification opinions adopted by the Customs Co-operation Council (now the World Customs Organization). Opinion 8543.80/1 is a decision that, although originally issued under an earlier nomenclature on which the HS is modeled, was adopted and carried forward as a decision applicable under the HS (See Doc. 33.993/D, adopting decision in Doc. 13.450/F/10). Opinion 8543.80/1 states that subheading 8543.80, Harmonized Tariff Schedule, includes:

Electroluminescent devices, generally in the form of tapes, plates or panels, consisting essentially of:

(i) an electroluminescent crystalline substance (usually zinc sulphide) sandwiched between two layers of electrically conductive materials, one of which is transparent (plastics or special glass);

(ii) electrical leads;

(iii) two thin sheets, usually of plastics, sealing and protecting the whole;

when excited by an alternating current, these devices become luminescent over their whole surface and have many applications such as: background lighting, decoration, signaling, etc (emphasis in original).

Since the issuance of HQ 957793, it has been brought to our attention that the subject flat panel displays differ in many respects from the EL devices described in the Compendium Opinion. The devices described in the Compendium Opinion can only light up their entire surface, uses alternating current, and are generally used as backlighting devices. On the other hand, EL flat panel displays can illuminate individual pixels identified through the row and column drivers, uses direct current, and can be used in a variety of devices. Because of these differences, we now find that the Compendium Opinion is referring to an older technology that does not describe the EL flat panel displays which are the subject of these rulings. However, inasmuch as HQ 957793 is classifying Planar EL displays and based upon your statements that Planar's displays do not meet the terms of heading 8531, as signaling, we find that the holding of HQ 957793 is correct and should not be modified.

HOLDING:

Finished EL flat-panel displays, groups 5 through 10, are classifiable under subheading 8543.89.90, HTSUS, which provides for: "[e]lectrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter. . . : [o]ther machines and apparatus: [o]ther: [o]ther: [o]ther: [o]ther. . . ." The column one, general rate of duty is 3.1 percent ad valorem.

Sincerely,

John Durant, Director
Tariff Classification Appeals
Division

Attachment: HQ 957795