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HQ 088459

November 4, 1991

CLA-2 CO:R:C:M 088459 DWS

CATEGORY: CLASSIFICATION

TARIFF NO.: 8442.30.00

Mr. Robert E. Burke
Barnes Richardson & Colburn
200 East Randolph Drive
Chicago, IL 60601

RE: Input Scanner; Laser Imagesetter; 8442.10.00; 9031.40.00; HQ 086122

Dear Mr. Burke:

This is in response to your letters of December 4, 1989, May 11 and October 23, 1990, written on behalf of Purup North America, concerning the classification of certain input scanners and laser imagesetters to be used with a Purup typesetting system, under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). This ruling is issued in conjunction with HQ 086122, dated January 17, 1991, in which the Purup typesetter system was classified under subheading 8442.10.00, HTSUSA, which provides for: "[p]hototypesetting and composing machines."

FACTS:

The subject input scanner and laser imagesetter are being imported separately from the typesetting system. Their classification was not determined in HQ 086122.

The Purup typesetting system is used to produce color offset printing media, especially in the labels, forms, checks, and package printing industries. The system can produce printing media on photosensitive printing plates, film or paper. The system is normally imported in single shipments but individual components (input scanner, laser imagesetter) are imported separately.

The input scanner is controlled by a program within the interactive graphics system (IGS) software. The IGS functions as the central processor for the interactive work station (IWS) of the typesetter system. The input scanner incorporates charge coupled devices. Scanned images are transferred onto the hard
disc digitally and can then be reproduced on the IWS and manipulated by the user. Scanned images are stored in the typesetter system's proprietary data formats. Two models of input scanners are imported, the PE 1710, which has a resolution capability of 5,000 pixels, and the PE 1720, which has a resolution capability of 10,000 pixels. The input scanner operates exclusively with the Purup typesetting system.

The laser imagesetter uses an argon-ion laser to plot images on photosensitive film, paper, or printing plates. The image setter includes an operator terminal consisting of monitors and keyboards. The imagesetter plots according to commands which the unit translates from digitally processed data. The raster image processor of the imagesetter is designed to exclusively calculate the Purup typesetter system composition data. Two models of the imagesetter are imported, the PE 5000 and the PE 7000. Both models have maximum exposure formats of 25" x 25", and maximum resolutions of 2540 lines per inch. The PE 5000 must communicate on line with the IGS. The PE 7000 can communicate on line with the IGS, or off line with the Purup input system via modem, diskette, or streamer tape. The imagesetter operates exclusively with the Purup typesetter system.

Both the input scanner and the laser imagesetter are "married" to the Purup typesetter system, and neither can be considered "general use" components. You have stated that "it would be impossible for a user to readily adapt this component for use within another system."

ISSUE:

What is the classification of the input scanner and the laser imagesetter, imported separately from the Purup typesetter system, 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.

Input Scanner

The input scanner is classifiable under subheading 8442.30.00, HTSUSA, which provides for: "[m]achinery, apparatus and equipment, for type-founding or typesetting: [o]ther machinery, apparatus and equipment." It cannot be classifiable under subheading 8442.10.00, HTSUSA, which provides for: "[p]hototypesetting and composing machines", because it is not a
phototypesetting or a composing machine. Imported separately, the input scanner can be deemed "other machinery, apparatus and equipment" for the typesetting system, classifiable under subheading 8442.30.00, HTSUSA.

Another alternative considered was whether the input scanner is classifiable under subheading 9031.40.00, HTSUSA, which provides for: "[o]ther optical instruments, appliances and machines: [o]ther." For this provision to apply, we would need to determine that the input scanner is really not a typesetting machine, but in actuality is an optical reader. To assist in the determination, the input scanner was submitted to our technical staff for analysis. It was their opinion that the "[p]urup Input Scanners are not optical readers. Optical Readers are generally defined as a computer 'data entry' machine which converts printed characters . . . The characters are usually numbers or letters but can sometimes be symbols . . . [o]ptical readers read characters directly by photoelectric cells and are translated on binary code principle. It is our opinion that a pixel is not a character and therefore the input scanner is not an optical scanner." Therefore, it is our position that the input scanner is not classifiable under subheading 9031.40.00, HTSUSA.

Laser Imagesetter

In understanding the language of heading 8442, HTSUSA, the Explanatory Notes of the Harmonized Commodity Description and Coding System (HCDCS) 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 84.42(B) (p.1236) provides that "[t]he heading also includes composing machines using a laser beam projected onto photographic film."

The imagesetter is not classifiable under subheading 8442.10.00, HTSUSA, because it is used exclusively in such a typesetting system and is considered a component to one. Therefore it is not a "phototypesetting and composing machine". The imagesetter is classifiable as "other machinery, apparatus and equipment" in subheading 8442.30.00, HTSUSA.

HOLDING:

The input scanner and the laser imagesetter are classifiable under subheading 8442.30.00, which provides for: "[m]achinery, apparatus and equipment, for type-founding or typesetting: [o]ther machinery, apparatus and equipment." Merchandise classifiable under this provision is entitled to entry duty free.

Sincerely,

John Durant, Director
Commercial Rulings Division

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