CLA-2 RR:CR:GC 962138 HMC
8531.80.90/3926.90.98
Mr. Ronald P. Ricca
Allen-Bradley/Rockwell Automation
1 Allen-Bradley Drive
Mayfield Heights, OH 44124-6118
RE: Timing Relays, Motor Controllers, Encoders, Pilot Lights, Marking Strips; PC 861139, Modified.
Dear Mr. Ricca:
This is in response to your letter, dated October 14, 1996, on behalf of Allen-Bradley, requesting reconsideration of Preclassification Ruling (PC) 861139, dated April 9, 1991 and its Supplement 1, dated May 21, 1991. In PC 861139, Customs classified various electric products, including timing relays, motor controllers, encoders, pilot lights and marking strips under different subheadings of the Harmonized Tariff Schedule of the United States (HTSUS). We regret the delay.
FACTS:
In PC 861139, Customs determined the classification of various electrical equipment, including timing relays, motor controllers, encoders, pilot lights and marking strips. The PC merely lists the items and the applicable classification subheadings. No reasoning was provided. Customs classified the timing relays under subheading 9107.00.80, HTSUS, the motor controller under subheading 8537.10.00, HTSUS (now subheading 8537.10.90, HTSUS), the encoders under subheading 8543.80.40, HTSUS, the pilot lights under subheading 8543.89.70, HTSUS, and the marking strips under subheading 3926.90.90, HTSUS.
The following relevant descriptions were provided:
1. Bulletin 700 Solid State Timing Relays:
“These solid state timing devices can be mounted on either a 2-pole or 4-pole relay, or with the use of an adapter plate, you can mount this device directly on a panel or Type 700-MP universal mounting strip. Please refer to the attached literature for additional information.” The attached literature provides a technical description of the relays.
2. Bulletin 150 Smart Motor Controllers
“The Bulletin 150 Smart Motor Controller is a compact, simple to use, solid-state controller designed for low horsepower squirrel cage induction motors. It is intended to relieve the starting torque surge encountered in the typical across the line starting. This will allow for smoother starts and decreased equipment downtime due to shock and vibration problems.” It also refers to technical literature.
3. Bulletin 845 Optical Encoders
“Bulletin 845A, 845B and 845C industrial optical encoders are designed to convert mechanical rotary motion to an accurate electrical output. A non-contacting optical design provides for high speed, low torque operation. Single-turn and multi-turn module are available. The Bulletin 845D is a single turn Absolute Position Encoder that digitizes shaft angle position into one of a number of absolute code formats. The 845D uses a single laser diode and a fiber optic module to produce a concentrated beam of light that is passed through a code disk and picked up as high level optical signals.” It then refers to technical literature.
4. Allen-Bradley Pilot Lights
“Allen-Bradley offers three main types of pilot lights. They are standard, push-to-test and cluster. The standard and push-to-test pilot lights are basically the same device. The pilot light body consists of a plastic housing in which the contacts and transformer are housed. The push-to-test pilot light has a moveable operator that allows for voltage to be applied to the pilot light bulb in order to test it for illumination. The cluster Pilot Light can contain from 2 - 4 cluster LED type lamps.” It then refers to technical literature.
5. Plastic Marking Strips
“Allen-Bradley 1492 Marking Strips are molded, plastic articles designed specifically for the Bulletin 1492 Terminal Blocks. These marking strips fit on the top portion of therminal strip. A self-adhesive, pre-printed label is then affixed to the marking strip.” It then refers technical literature.
On June 23, 1999, and July 8, 1999, at our request, you submitted additional information on the encoders and the smart motor controllers. The encoders are described as follows:
“Encoders
An encoder is a device that converts mechanical rotary motion to an accurate electrical output. This conversion is done by counting the number of pulses per revolution on a coded disk built into the encoder.... On the outer edge of the disk, they [sic] are a number of slots that would allow light to pass through. The light is detected by a photoelectric sensor built into the encoder. As the disk rotates, the light beam in broken by the metal part of the disk between the slots. So when the light is sensed, there is a pulse generated....
Within the encoder, there is electronic circuitry that will sense the output waveform [the pulse] from the coded disk and convert it into a data format that can be read by the control system. A typical type of data format is BCD (Binary Coded Decimal). This data is read by the controller through some type of interface module....”
The smart motor controllers are further described as follows:
“Bulletin 150 Smart Motor Controllers
The Smart Motor Controller is a solid state device used to control the starting, stopping and overall operation of low horsepower motors. This controller has built in circuitry to reduce starting torque surge, allow for smoother starts and control the shut down of the motor....
If you replace the conventional motor starter with a Smart Motor Controller, you now have a device the [sic] will control the starting of the motor by allowing the motor to ramp up to a desired speed, rather than just applying full power. The Smart Motor Controller will maintain that speed and will allow you to easily change the speed while the motor is running. When you are ready to shut the motor down, The Smart Motor Controller has a motor braking feature that will aid the motor in stopping.”
The HTSUS provisions under consideration for the timing relays are as follows:
8536 Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits (for example, switches, relays, fuses, surge suppressors, plugs, sockets, lamp-holders, junction boxes), for a voltage not exceeding 1,000 V:
Relays:
8536.49.00 Other.
* * * *
9107.00 Time switches with clock or watch movement or with synchronous motor:
9107.00.80 Valued over $5 each.
The HTSUS provisions under consideration for the motor controllers are as follows:
8504 Electrical transformers, static converters (for example, rectifiers) and inductors; parts thereof:
8504.40 Static converters:
8504.40.40 Speed drive controllers for electric motors.
* * * *
8537 Boards, 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, and numerical control apparatus, other than switching apparatus of heading 8517:
8537.10 For a voltage not exceeding 1,000 V:
8537.10.90 Other.
The HTSUS provisions under consideration for the encoders are as follows:
8543 Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter; parts thereof:
Other machines and apparatus:
8543.89 Other:
Other:
Other:
8543.89.96 Other.
* * * *
9029 Revolution counters, production counters, taximeters, odometers, pedometers and the like; speedometers and tachometers, other than those of heading 9014 or 9015; stroboscopes; parts and accessories thereof:
9029.10 Revolution counters, production counters, taximeters, odometers, pedometers and the like:
9029.10.80 Other.
The HTSUS provisions under consideration for the pilot lights are as follows:
8543 Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter; parts thereof:
Other machines and apparatus:
8543.89 Other:
8543.89.70 Electrical luminescent lamps.
* * * *
8531 Electrical 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:
8531.80 Other apparatus:
Other:
8531.80.90 Other.
The HTSUS provisions under consideration for the plastic marking strips are as follows:
3926 Other articles of plastics and articles of other materials of headings 3901 to 3914:
3926.90 Other:
3926.90.98 Other.
* * * *
8538 Parts suitable for use solely or principally with the apparatus of heading 8535, 8536 or 8537:
8538.90 Other:
Other:
8538.90.80 Other.
I. Timing Relays.
ISSUE:
Whether the timing relays are classifiable as time switches with a clock or watch movement or with a synchronous motor under subheading 9107.00.80, HTSUS, or as electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits (for example, switches, relays, fuses, surge suppressors, plugs, sockets, lamp-holders, junction boxes), for a voltage not exceeding 1,000 V under subheading 8536.49.00, HTSUS.
LAW AND ANALYSIS:
Merchandise is classifiable under the HTSUS, in accordance with the General Rules of Interpretation (GRI). 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 GIS 2 through 6.
Section XVI, Note 1(n) states that this Section does not cover clocks, watches or other articles of chapter 91. Chapter 91, Note 1(g) states that Chapter 91 does not cover articles of Chapter 85, not yet assembled together or with other components into watch or clock movements or into articles suitable for use solely or principally as parts of such movements (Chapter 85).
The Harmonized Commodity Description And Coding System Explanatory Notes (ENs) constitute the official interpretation of the Harmonized system. While not legally binding on the contracting parties, and therefore not dispositive, the ENs provide a commentary on the scope of each heading of the Harmonized System and are thus useful in ascertaining the classification of merchandise under the System. Customs believes the Notes should always be consulted. See T.D. 89 80, 54 Fed. Reg. 35127, 35128 (Aug. 23, 1989). General EN to Chapter 91, at page 1663, states that
This Chapter covers certain apparatus designed mainly for measuring time or for effecting some operation in relation to time. It includes timepieces suitable for carrying on the person (watches and stop-watches), other timepieces (ordinary clocks, clocks with watch movements, alarm clocks, marine chronometers, clocks for motor vehicles, etc.), and also time recording apparatus, time interval measuring instruments and time switches; in general, it also covers parts of these articles.
Also, at page 1665, the General EN to Chapter 91 states
(E) Synchronous motor clocks. These are connected to a controlled frequency current and therefore consist solely of the motor and the train, without a controlling device.
EN 91.07, at page 1671 states that
This heading covers devices which do not have the character of clocks of heading 91.05, but are mainly designed to make or break electric circuits automatically at given times, usually at times determined according to a previously established daily or weekly programme. To be included in this heading these devices must have a movement of the watch or clock type (including secondary or synchronous motor clock movements) or a synchronous motor with or without reduction gear.
Time switches are used for the control of lighting circuits (for public places, shop windows, staircases, illuminated signs, etc.), heating circuits (water heaters, etc.), cooling installations, pumps, two rate electricity supply meters, etc. They consist essentially of a mechanical or electric movement of the watch or clock type or a synchronous motor, usually a dial with or without hands, a time regulating device (levers and pins), together with systems of driving relays, switches and commutators. The whole is enclosed in a case with terminals. The dial is usually marked in hours and sometimes also in days and months; levers or pins around its periphery actuate the contact devices at the desired times.
Time switches may be set in action by thermostats, pressure regulators, water level regulators, etc.
The heading also includes switches for making and breaking the circuit supplying electrical apparatus (television receivers, irons, washing machines, billiard table lights, etc.), switching on when coins are inserted and switching off through the action of a synchronous motor, the interval being determined by the number of coins inserted.
In the original submission you state that the subject timing relays do not contain any type of watch or clock movement. The relay’s time delay feature is obtained by either a potentiometer or a self-contained time delay built into the relay to eliminate unwanted tampering. Hence, you argue the relays are classifiable under subheading 8536.49. You cite HQ 954491, dated July 18, 1997, and try to distinguish the products classified in that ruling from Allen-Bradley’s solid state timing relays. In that ruling Customs found that timing relays which make or break electrical circuits automatically at given times are specifically classifiable under subheading 9107.00.80, HTSUS. We find that the function performed by the subject timing relays is like the one in HQ 954491. The literature you provided shows that the merchandise is available with up to two timed and two instantaneous contacts. They are designed for applications where a specific time delay is required and inadvertent timing changes must be avoided. Even though the time delays are self-contained, we find that the Bulletin 700, solid state timing relays are classifiable under subheading 9107.00.80, HTSUS.
2. Bulletin 150 Smart Motor Controllers
ISSUE:
Whether the motor controllers are classifiable as boards, 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, and numerical control apparatus, other than switching apparatus of heading 8517, for a voltage not exceeding 1000 V, under subheading 8537.10.90, HTSUS, or as static converters, speed drive controllers for electric motors, under subheading 8504.40.40, HTSUS.
LAW AND ANALYSIS:
EN 85.04, at page 1448, states:
(II) ELECTRICAL STATIC CONVERTERS
The apparatus of this group are used to convert electrical energy in order to adapt it for further use. They incorporate converting elements (e.g., valves) of different types. They may also incorporate various auxiliary devices (e.g., transformers, induction coils, resistors, command regulators, etc.). Their operation is based on the principle that the converting elements act alternately as conductors and non conductors.
The fact that these apparatus often incorporate auxiliary circuits to regulate the voltage of the emerging current does not affect their classification in this group, nor does the fact that they are sometimes referred to as voltage or current regulators.
EN 85.37, at page 1506, states:
These 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 goods of this heading vary from small switchboards with only a few switches, fuses, etc. (e.g., for lighting installations) to complex control panels for machine tools, rolling mills, power stations, radio stations, etc., including assemblies of several of the articles cited in the text of this heading.
The heading also covers:
(1) Numerical control panels with built in automatic data processing machine, which are generally used to control machine tools.
(2) Programmed switchboards to control apparatus; these permit variations in the choice of operations to be followed. They are normally used in domestic electrical appliances, such as washing machines and dish washers.
(3) “Programmable controllers” which are digital apparatus using a programmable memory for the storage of instructions for implementing specific functions such as logic, sequencing, timing, counting and arithmetic, to control, through digital or analog input/output modules, various types of machines.
The heading does not cover automatic controlling apparatus of heading 90.32.
The subject merchandise was described as a solid state controller designed for low horsepower squirrel cage induction motors. Its relieves the starting torque surge encountered in the typical across the line starting and has four standard modes of operation: soft start with selectable kickstart, current limit start, dual ramp start and full voltage start. Nothing provided shows that current is being converted. We find that the smart motor controllers are not described by heading 8504, HTSUS. They are classifiable under subheading 8537.10.90, HTSUS.
3. Bulletin 845 Optical Encoders
ISSUE:
Whether the optical encoders are classifiable as other revolution counters, production counters, taximeters, odometers, pedometers and the like under subheading 9029.10.80, HTSUS, or as other electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter under subheading 8543.89.96, HTSUS.
LAW AND ANALYSIS:
EN 85.43, at page 1518, states:
This heading covers all electrical appliances and apparatus, not falling in any other heading of this Chapter, nor covered more specifically by a heading of any other Chapter of the Nomenclature, nor excluded by the operation of a Legal Note to Section XVI or to this Chapter. The principal electrical goods covered more specifically by other Chapters are electrical machinery of Chapter 84 and certain instruments and apparatus of Chapter 90.
The electrical appliances and apparatus of this heading must have individual functions. The introductory provisions of Explanatory Note to heading 84.79 concerning machines and mechanical appliances having individual functions apply, mutatis mutandis, to the appliances and apparatus of this heading.
Most of the appliances of this heading consist of an assembly of electrical goods or parts (valves, transformers, capacitors, chokes, resistors, etc.) operating wholly electrically. However, the heading also includes electrical goods incorporating mechanical features provided that such features are subsidiary to the electrical function of the machine or appliance.
EN 90.29, at page 1646, states:
(A) COUNTING DEVICES
(1) Revolution counters.
These instruments count the number of revolutions of a mechanical part (e.g., machine shaft). They consist mainly of a driving spindle geared to pointer or drum indicators. They usually have a device for re setting the counter to zero. The counters may be coupled to the revolving part either directly (in some cases the part drives the gearing itself) or by remote control. The driving spindle may be operated by a rotary, alternating or pulsating movement of the turning part (e.g., encoders).
You describe the subject optical encoders as industrial optical encoders designed to convert mechanical rotary motion to an accurate electrical output. A non-contacting optical design provides for high speed, low torque operation. Single-turn and multi-turn modules are available. Model Bulletin 845D is described as a single turn Absolute Position Encoder that digitizes shaft angle position into one of a number of absolute code formats. It uses a single laser diode and a fiber optic module to produce a concentrated beam of light that is passed through a code disk and picked up as high level optical signals.
In your June 23, 1999 submission, you explain that encoders have a number of slots in a disk that allows a beam of light to pass through. The light is detected by a photoelectric sensor built into the encoder. As the disk rotates, the metal part between the slots breaks the light. The break in the light generates a pulse known as a high condition. For each slot on the disk, a pulse is generated. Thus, encoders are typically rated by the number of pulses per turn. If there are 500 slots on a coded disk that generates a 500 pulse waveform per one complete rotation, the encoder is rated as a 500 pulse per turn encoder. A single slot located just under the outer row of 500 slots acts as a marker to signal that a complete rotation was made. Electronic circuitry within the encoder senses the output waveform from the coded disk and converts it into a data format that can be read by a control system. No further information about the subject encoder’s principal function or use was provided. We find that the encoders are described by heading 9029, HTSUS, because they perform the function of revolution counters described in the ENs. The Bulletin 845 optical encoders are thus classifiable under subheading 9029.10.80, HTSUS.
4. Pilot Lights
ISSUE:
Whether the pilot lights are classifiable as electric luminescent lamps under subheading 8543.89.70, HTSUS or as other electric sound or visual signaling apparatus under subheading 8531.80.90, HTSUS.
LAW AND ANALYSIS:
As stated, EN 85.43, at page 1518, provides:
This heading covers all electrical appliances and apparatus, not falling in any other heading of this Chapter, nor covered more specifically by a heading of any other Chapter of the Nomenclature, nor excluded by the operation of a Legal Note to Section XVI or to this Chapter. The principal electrical goods covered more specifically by other Chapters are electrical machinery of Chapter 84 and certain instruments and apparatus of Chapter 90.
EN 85.31, states at page 1496, that
With the exception of signaling apparatus used on cycles or motor vehicles (heading 85.12) and that for traffic control on roads, railways, etc. (heading 85.30), this heading covers all electrical apparatus used for signaling 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).
Static signs, even if lit electrically (e.g., lamps, lanterns, illuminated panels, etc.) are not regarded as signaling apparatus. They are therefore not covered by this heading but are classified in their own appropriate headings (headings 83.10, 94.05, etc.).
The information provided shows that the pilot lights are electrical apparatus used for signaling purposes. The pilot lights are made of a plastic housing containing electrical contacts, a transformer and one or more LED’s. They are used to indicate machine status, such as on/off, or other conditions. The merchandise is thus described by heading 8531, HTSUS. Since the pilot lights are described by heading 8531 they cannot be classified under subheading 8543.89.70, HTSUS. They are classifiable under subheading 8531.80.90, HTSUS.
5. Plastic Marking Strips
ISSUE:
Whether the plastic marking strips are classifiable as other parts suitable for use solely or principally with apparatus of heading 8535, 8536 or 8537 under subheading 8538.90.80, HTSUS, or as other articles of plastics under subheading 3926.90.98, HTSUS.
LAW AND ANALYSIS:
PC 861139 classified the subject merchandise under subheading 3926.90.98 as other articles of plastics because they were considered parts of general use. Note 2(p) to Chapter 39, HTSUS, states that the Chapter does not cover articles of Section XVI. Thus, if the article is classifiable under a heading of Chapter 85 (a Chapter of Section XVI), it cannot be classified under heading 3926, HTSUS.
Note 1(g) to Section XVI states that the Section does not cover parts of general use, as defined in note 2 to Section XV, of base metal (Section XV), or similar goods of plastics (Chapter 39). Section XVI, Note 2(a), HTSUS, states:
Subject to note 1 to this section, note 1 to chapter 84 and to note 1 to chapter 85, parts of machines (not being parts of the articles of heading 8484, 8544, 8545, 8546 or 8547) are to be classified according to the following rules:
(a) Parts which are goods included in any of the headings of chapters 84 and 85 (other than headings 8409, 8431, 8448, 8466, 8473, 8485, 8503, 8522, 8529, 8538 and 8548) are in all cases to be classified in their respective headings;
(b) Other parts, if suitable for use solely or principally with a particular kind of machine, or with a number of machines of the same heading ... are to be classified with the machines of that kind....
You claim that the marking strips are molded specifically to fit terminal blocks that are described by heading 8536. Assuming, arguendo, that the terminal blocks are articles described by heading 8536, we find that the marking strips are not parts of the terminal blocks.
It has been held that a part of an article is something that is an integral component of the article with which it is used. See Sharp Microelectronics Technology, Inc. v. United States, 932 F. Supp. 1499, 1505 (Ct. Int’l Trade 1996), aff’d, 122 F.3d 1446, (Fed. Cir. 1997). See also 956884, dated November 18, 1994. It is Customs view that the marking strips are not integral to the terminal blocks and that they are necessary for their operation. The marking strips are designed to receive a self-adhesive, pre-printed label that serves to identify the terminal blocks, but they could also be used for a similar purpose with other machines, i.e., they are “general purpose” type goods. Since the marking strips are not parts of the terminal blocks they must be classified according to their constituent material. The marking strips are therefore classifiable under subheading 3926.90.98, HTSUS.
HOLDING:
The timing relays are classifiable under subheading 9107.00.80, HTSUS, as “Time switches with clock or watch movement or with synchronous motor: Valued over $5 each.”
The motor controllers are classifiable under subheading 8537.10.90, HTSUS, as “Boards, 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, and numerical control apparatus, other than switching apparatus of heading 8517: For a voltage not exceeding 1,000 V: Other”
The encoders are classifiable under subheading 9029.10.80, HTSUS, as “Revolution counters, production counters, taximeters, odometers, pedometers and the like; speedometers and tachometers, other than those of heading 9014 or 9015; stroboscopes; parts and accessories thereof: Revolution counters, production counters, taximeters, odometers, pedometers and the like: Other.”
The pilot lights are classifiable under subheading 8531.80.90, HTSUS, as “Electrical 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: Other: Other.”
The marking strips are classifiable under subheading 3926.90.98, HTSUS, as “Other articles of plastics and articles of other materials of headings 3901 to 3914: Other: Other.”
EFFECT ON OTHER RULINGS:
PC 861139, dated April 9, 1991, is modified as set forth in this ruling.
Sincerely,
John Durant, Director
Commercial Rulings Division