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HQ 956344




November 9, 1994

CLA-2 CO:R:C:M 956344 LTO

CATEGORY: CLASSIFICATION

TARIFF NO.: 8483.40.50; 8483.60.40; 9029.10.80

District Director
U.S. Customs Service
605 W. 4th Avenue
Room 205
Anchorage, Alaska 99501

RE: Protest 3196-93-100089; miniature indexer, torque limiter and timing sensor; EN 84.83; EN 90.29; Section XVI, note 1(m); Section XVI, note 2(a); Chapter 90, note 2(a); subheading 8431.39.00; NY 898158

Dear District Director:

The following is our decision regarding Protest 3196-93- 100089, which concerns the classification of a miniature indexer, torque limiter and timing sensor under the Harmonized Tariff Schedule of the United States (HTSUS). The subject merchandise was entered on January 28, 1993, and the entry was liquidated on July 2, 1993. The protest was timely filed on August 10, 1993.

FACTS:

The articles in question are miniature indexers, torque limiters and timing sensors. The miniature indexer--a rotary indexing cam drive--is a mechanical device that takes continuous rotary torque, normally provided with an electric motor, and converts it to an intermittent rotary motion. The device consists of various gears which step down the r.p.m. of the drive, thereby increasing torque. They can be used in conveyors, assembly machines, loading and unloading machines, etc.

The torque limiter is described by the protestant as "a device which protects the [miniature] indexer from overloads and trips with very accurate positioning and load." It is a mechanical device designed to temporarily break the power transfer from the motor (or motor/indexer drive combination) to the article being driven, when faced with too much load. Its purpose is to keep the motor and gearbox from burning out under severe load. - 2 -

The timing sensor, or "timing cum censor," is a rotational speed sensor for the cam drive. It measures the incremental movement of the cam drive to provide feedback to a monitoring and control system.

The protestant contends that the miniature indexer, torque limiter and timing sensor are classifiable as parts of lifting, handling, loading or unloading machinery, under subheading 8431.39.00, HTSUS. The miniature indexer was classified upon liquidation as a torque converter under subheading 8483.40.10, HTSUS, the torque limiter as a part of transmission equipment under subheading 8483.90.80, HTSUS, and the timing sensor as a part or accessory of a chapter 90 article, not provided for elsewhere, under subheading 9033.00.00, HTSUS.

ISSUE:

Whether the miniature indexer, torque limiter and timing sensor are classifiable as other parts of lifting, handling, loading or unloading machinery, under subheading 8431.39.00, HTSUS.

LAW AND ANALYSIS:

The General Rules of Interpretation (GRI's) to the HTSUS govern the classification of goods in the tariff schedule. GRI 1 states in pertinent part that "for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes . . . ." The Harmonized Commodity Description and Coding System Explanatory Notes (EN) constitute the Customs Co-operation Council's official interpretation of the Harmonized System. While not legally binding, the ENs provide a commentary on the scope of each heading of the Harmonized System, and are generally indicative of the proper interpretation of these headings. See T.D. 89-80, 54 Fed. Reg. 35127, 35128 (Aug. 23, 1989).

The following headings are at issue:

8431 Parts suitable for use solely or principally with the machinery of headings 8425 to 8430

8483 Transmission shafts (including camshafts and crankshafts) and cranks; bearing housings, housed bearings and plain shaft bearings; gears and gearing; ball screws; gear boxes and other speed changers, including torque converters; flywheels and pulleys, including pulley blocks; clutches and shaft couplings (including universal joints); parts thereof - 3 -

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

9033 Parts and accessories (not specified or included elsewhere in this chapter) for machines, appliances, instruments or apparatus of chapter 90

The protestant contends that the miniature indexer, torque limiter and timing sensor are classifiable as parts of lifting, handling, loading or unloading machinery, under subheading 8431.39.00, HTSUS. However, section XVI, note 2(a), HTSUS, provides that "[p]arts which are goods included in any of the headings of chapters 84 and 85 . . . are in all cases to be classified in their respective headings." Thus, if the articles in question are "goods included" in a chapter 84 or 85 heading, they cannot be classified as parts under heading 8431, HTSUS.

EN 84.83, pg. 1327, states that heading 8483, HTSUS, covers gear boxes and other speed changers, including torque converters, that "provide a range of speeds which can be varied, either by hand or automatically, according to the requirements of the machine." In NY 898158, dated June 15, 1994, a rotary indexing drive, which is a mechanical device used to take the rotary force of a motor and translate it into the driving motion to turn a heavy die at precise speeds, was held to be classifiable under subheading 8483.40.50, HTSUS, which provides for fixed ratio speed changers. Similarly, the miniature indexer, which is a mechanical device that takes continuous rotary torque and converts it to an intermittent rotary motion, is also classifiable under subheading 8483.40.50, HTSUS. As the miniature indexer is a "good included" under heading 8483, HTSUS, it cannot be classified as a part under subheading 8431.39.00, HTSUS. See Section XVI, note 2(a).

EN 84.83, pg. 1328, states that the heading also covers clutches, which "are used to connect or disconnect the drive at will." The torque limiter protects the miniature indexer from overloads and trips with very accurate positioning and load. It is basically a slip clutch, a mechanical device designed to - 4 -
temporarily break the power transfer from the motor (or motor/indexer drive combination) to the article being driven, when faced with too much load. Thus, the torque limiter is classifiable under subheading 8483.60.40, HTSUS, which provides for clutches. Accordingly, the torque limiter cannot be classified as a part under subheading 8431.39.00, HTSUS. See Section XVI, note 2(a).

EN 90.29, pg. 1522, states that the revolution counters of heading 9029, HTSUS, are instruments that:
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).

The timing sensor is a rotational speed sensor that measures the incremental movement of the cam drive to provide feedback to some form of monitoring and control system. It is therefore classifiable as a revolution counter under subheading 9029.10.80, HTSUS. As the timing sensor is classifiable in a chapter 90 heading, it cannot be classified in section XVI (chapters 84 and 85). See Section XVI, note 1(m). Further, the timing sensor, which is a "good included" in heading 9029, HTSUS, cannot be classified as a part under subheading 9033.00.00, HTSUS. See Chapter 90, note 2(a).

HOLDING:

The miniature indexer is classifiable under subheading 8483.40.50, HTSUS (2.5% ad valorem), which provides for fixed ratio speed changers. The torque limiter is classifiable under subheading 8483.60.40, HTSUS (5.7% ad valorem), which provides for clutches. The timing sensor is classifiable under subheading 9029.10.80, HTSUS (free), which provides for revolution counters.

The protest should be GRANTED with regard to the miniature indexer and timing sensor, since reclassification of these articles as indicated above would result in a lower rate of duty than the liquidated rate. However, the protest should be DENIED with regard to the torque limiter, since reclassification of this article as indicated above would result in the same rate of duty as the liquidated rate. In accordance with section 3A(11)(b) of Customs Directive 099 3550-065, dated August 4, 1993, Subject: Revised Protest Directive, this decision, together with the Customs Form 19, should be mailed by your office to the - 5 -
protestant no later than 60 days from the date of this letter. Any reliquidation of the entry in accordance with the decision must be accomplished prior to the mailing of the decision. Sixty days from the date of the decision the Office of Regulations and Rulings will take steps to make the decision available to Customs personnel via the Customs Rulings Module in ACS and the public via the Diskette Subscription Service, Freedom of Information Act and other public access channels.

Sincerely,

John Durant, Director

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