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HQ 957180

November 7, 1994

CLA-2 CO:R:C:M 957180 DWS

CATEGORY: CLASSIFICATION

TARIFF NO.: 8528

Mr. Henri J. Noebes
Vice President & Treasurer
Visitech U.S.A.
1374 E. Boot Road
West Chester, PA 19380-5958

RE: Robotic Video Inspection System; Section XVI, Note 4

Dear Mr. Noebes:

This is in response to your letter of August 24, 1994, to the Area Director of Customs, New York Seaport, concerning the classification of a robotic video inspection system under the Harmonized Tariff Schedule of the United States (HTSUS). Your letter was referred to this office for a response.

FACTS:

The merchandise consists of a robotic video inspection system (Product I.D. Code 903180). According to customer preference, the system is configured with any combination of the following components: a motorized mainline pipe inspection tractor with a sonar transmitter; a battery operated sonar receiver; a motorized pipe inspection tractor with a lighting source; three sets of four tractor wheels; a tool and accessory case; a mainline color camera with a lighting source and a 150 ft. coaxial cable; a cable spool with up to 500 ft. of coaxial cable and a footage meter; and a reinforced aluminum carrying case. The case contains the following: a nine inch color monitor; a video cassette recorder/player; a video title/character generator; a video image instant black and white printer; a hand-held speed, direction, and light control, and a microphone headset.

The system is used for the visual inspection and video recording of water, sewer, and other utility pipelines or confined spaces. The color camera is mounted onto the motorized lighted tractor. The tractor, which is attached to a cable, is passed through an underground pipe, the camera sending an image of the internal pipe to the video monitor, video cassette recorder/player, and printer. These recorded images are examined to ascertain and locate damaged portions of the pipe.

ISSUE:

Whether the robotic video inspection system is classifiable as a functional unit under the HTSUS.

LAW AND ANALYSIS:

Classification of merchandise under the HTSUS 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.

Section XVI, note 4, HTSUS, states that:

[w]here a machine (including a combination of machines) consists of individual components (whether separate or interconnected by piping, by transmission devices, by electric cables or by other devices) intended to contribute together to a clearly defined function covered by one of the headings in chapter 84 or chapter 85, then the whole falls to be classified in the heading appropriate to that function.

It is our position that the subject system does not constitute a functional unit, as its components are not intended to contribute together to a clearly defined function covered by one of the headings in chapters 84 or 85, HTSUS. Because there is not one provision under the HTSUS which covers the function of the system, its components must be classifiable under the HTSUS provisions which specifically describe them individually.

HOLDING:

Based upon section XVI, note 4, HTSUS, the robotic video inspection system does not constitute a functional unit, and, therefore, its components must be classifiable under the HTSUS provisions which specifically describe them individually.

If you need a binding ruling for the classification of these items under the HTSUS, you may submit the information listed in the enclosed leaflet entitled "District Rulings Program" to any Customs District Director or to the Area Director of Customs.

Sincerely,

John Durant, Director
Commercial Rulings Division

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