CLA-2-90:OT:RR:NC:N4:405
Dave Lenting
X-Rite, Inc.
4300 44th Street SE
Grand Rapids, MI 49512
RE: The tariff classification of a Hue Test apparatus.
Dear Mr. Lenting:
In your letter dated January 7, 2011, you requested a tariff classification ruling. No samples were provided.
The merchandise at issue is the X-Rite Farnsworth-Munsell 100 Hue Test, Model # M80000. The test kit includes four plastic trays, a durable aluminum carry case, 85 easy-score plastic numbered caps with individual painted chips of varied colored hues, and a Munsell Scoring software CD.
In your submission you provide the following description of the article:
“The Farnsworth Munsell 100 Hue Test from Munsell Color is the industry standard for determining color discrimination and identifying color deficiencies. This portable, 15-minute test analyzes how accurately you see color. The easy-to-use scoring software indicates where you have a color vision deficiency such as color blindness. In addition, the program includes a database to track your color assessment abilities. Users of the test kit are to place the varied colored plastic pieces in the correct order in regards to the varying hue colors. Results of the test are scored based on the number of correct placements.”
“The Farnsworth Munsell 100 Hue Test is specified by the American Society for Testing and Materials in ASTM E 1499, Standard Guide for Selection, Evaluation and Training of Observers; the American Association of textile Chemists and Colorists AATCC Evaluation Procedure 9; and numerous internal procedures for leading companies in a variety of industries. The Farnsworth Munsell 100 Hue Test is produced by Munsell Color of X-Rite. The FM 100 hue produced by Munsell Color is traceable to the National Institute of Standards and Technology (NIST). All Munsell Color products are manufactured to the strictest guidelines in accordance with the above accreditations and their associated practices and procedures.”
You indicate that you currently consider the import to be an accessory to color measuring equipment. However, since it is a test for the personnel who use such equipment, it does not add any capabilities to the equipment, per se, and is thus not an accessory to the equipment.
From a review of the internet, a thorough determination if an individual has any degree of colorblindness is used as a tool in evaluating the suitability for further training or lines of work, ranging from flying military aircraft to selling textiles.
The heading for HTSUS 9019 includes Psychological Aptitude testing Apparatus. It does not apply only to personality evaluations, but, more generally, to evaluations for occupational purposes regarding the nervous system and/or the abilities of the brain as indicated in the discussion in Harmonized System Explanatory Note III to 9019:
“This is used by doctors, etc., to test the speed of reflex actions, co ordination of movements or other physical or psychological reactions. It is used in particular to test people whose occupations demand special aptitudes (airmen, drivers, etc.), or to test the educational or vocational aptitudes of children.
“The heading covers various types of such apparatus (e.g., appliances for testing mechanical aptitudes or manual dexterity; revolving seats designed for variable speeds and abrupt stopping to test the reactions of aircraft pilots).”
Since the import, per se, is included in a heading of HTSUS Chapter 90, it cannot, in any case, be classified as a part or accessory of color measuring equipment per Note 2(a) to Chapter 90.
The applicable subheading for the Farnsworth-Munsell 100 Hue Test will be 9019.10.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for, inter alia, “other” psychological aptitude testing apparatus, not electrically operated.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist J. Sheridan at (646) 733-3012.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division