HQ 0089557 - Classification of ZEB/SEQ Blasting Machine and Ignition Set KL-4 - United States International Trade Commision Rulings

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HQ 089557

August 6, 1991

CLA-2 CO:R:C:M 089557 DWS

CATEGORY: CLASSIFICATION

TARIFF NO.: 8537.10.00; 8543.80.90

Mr. R. Stewart Fisher
Wasag USA, Inc.
206 Rodney Building
3411 Silverside Road
Wilmington, DE 19810

RE: Classification of ZEB/SEQ Blasting Machine and Ignition Set KL-4

Dear Mr. Fisher:

This is in response to your letter of May 8, 1991, concerning the classification of ZEB/SEQ blasting machines and ignition sets KL-4 under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

FACTS:

The ZEB/SEQ is a microprocessor controlled blasting machine for ten blasting circuits with rechargeable battery operation. The delay time between each circuit is programmable by the user from 0 to 999 ms. The machine is key-locked and has a two hand operation. Every circuit has a capacity of 47 mF and a voltage of 400 V. The controller works with a microprocessor with a memory of 8 KB, however the program is not accessible by the user. The complete blasting machine consists of the blasting machine, connecting cable, cable drum, terminal board and battery charger.

The ignition set KL-4 is made to supply a blasting engineer a complete set of blasting equipment in one case. It consists of one blasting machine ZEB/N/CU5OT, one blasting machine ZEB/CA10/U1, one Ohmmeter ZEB/DZ3, one set of universal pliers, two pieces of chalk, one set of insulated connectors for ignition wires, one reel of friction tape, one blaster's knife, one spare crank for machine ZEB/N/CU5OT, two spare glow-lamps, one leather case for ZEB/N/CU5OT, one leather case for ZEB/DZ3 and one wooden case.

ISSUES:

What is the classification of the ZEB/SEQ blasting machine under the HTSUSA?

What is the classification of the ignition set KL-4 under the HTSUSA?

LAW AND ANALYSIS:

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

Heading 8537, HTSUSA, provides for:

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, other than switching apparatus of heading 8517.

In understanding the language of Heading 8537, HTSUSA, the Explanatory Notes may be utilized. The Explanatory Notes, although not dispositive, are to be used to determine the proper interpretation of the HTSUSA. 54 Fed. Reg. 35127, 35128 (August 23, 1989). Explanatory Note (3) (p.1391) states that Heading 8537, HTSUSA, covers:

"Programmable controllers" which are digital apparatus using a programmable memory for the storage of instructions for implementing specific functions such as logic, sequence, timing, counting and arithmetic, to control, through digital or analog input/output modules, various types of machines.

The blasting machine definitely fits this description. The programmable microprocessor functions to control in a programmed sequence the detonation of explosive devices. The ZEB/SEQ blasting machine is classifiable under Heading 8537, HTSUSA.

The ignition set KL-4 may be classifiable as a set and, if so, then GRI 3(b) becomes pertinent. GRI 3(b) states that:

Mixtures, composite goods consisting of different materials or made up of different components, and goods put up in sets for retail sale, which cannot be classified by reference to 3(a), shall be classified as if they consisted of the material or component which gives them their essential character, insofar as this criterion is applicable.

The ignition set KL-4 consists of several different components designed to supply a blasting engineer a complete set of blasting equipment in one case. Because of its description and use, the ignition set KL-4 is made of goods put up in a set for retail sale. The set therefore complies with GRI 3(b).

The next question to consider is the essential character of the ignition set. It is our opinion that the essential character of the set consists of the two blasting machines with the other goods as accessories used in conjunction with the blasting machines. These blasting machines are different from the ZEB/SEQ blasting machine in that they do not possess any programmable functions, but are used as igniters for the detonation of explosive materials.

Heading 8543, HTSUSA, provides for Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter; parts thereof. Explanatory Note (8) (p.1402) provides "electrical mine detonators, consisting of a hand generator (dynamo) and a capacitator." Although the ignition set KL-4 may not be used to detonate mines, its composition is very similar to electrical mine detonators. Because of this similarity and the fact that the ignition set is not specifically provided for under another heading, the ignition set KL-4 is classifiable under Heading 8543, HTSUSA.

HOLDING:

The ZEB/SEQ blasting machine is classifiable under subheading 8537.10.00, HTSUSA, which provides for: "[b]oards, 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: [f]or a voltage not exceeding 1,000 V: [o]ther: [p]rogrammable controllers." The general, column one rate of duty is 5.3 percent ad valorem.

The ignition set KL-4 is classifiable under subheading 8543.80.90, HTSUSA, which provides for: "[e]lectrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter; parts thereof: [o]ther machines and apparatus: [o]ther: [o]ther." The general, column one rate of duty is 3.9 percent ad valorem.

Sincerely,

John Durant, Director
Commercial Rulings Division

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