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HQ 956883



September 26, 1994

CLA-2 CO:R:C:M 956883 DWS

CATEGORY: CLASSIFICATION

TARIFF NO.: 8431.31.00

Area Director
U.S. Customs Service
6 World Trade Center, Room 423
New York, NY 10048

RE: Reconsideration of HQ 956031; MICROSCAN Elevator Door Detection Devices; Kores Manufacturing Inc. v. U.S.; Section XVI, Note 4; Functional Unit; 8537.10.90

Dear Area Director:

This is in response to your memorandum of August 9, 1994 (CLA-2-84:S:N:N1:103-10), requesting reconsideration of HQ 956031, dated June 7, 1994, concerning the classification of the MICROSCAN elevator door detection devices under the Harmonized Tariff Schedule of the United States (HTSUS).

FACTS:

The merchandise consists of the MICROSCAN elevator door detection devices, which are designed to detect obstructions in an elevator door opening prior to its close during use. Depending on the particular model, the devices may be used in either side-opening elevator door applications, or center-closing elevator door applications. However, the devices for each of these applications are essentially the same in design, purpose, and operation.

The devices are designed to be operated as elevator entrance detector screens, and are installed fitted in both new and existing in-service elevators. Each device utilizes 32 infrared light beams projected between a transceiver (combined transmitter and receiver) installed on opposite sides of the elevator door opening. The infrared transmitters and corresponding receivers are designed to determine the presence of an uninterrupted light path in the elevator door opening. If one or more of the beams are interrupted, a relay is de-energized causing the elevator door controller, depending on the model, to open the doors or prevent them from closing. This relay is the interface between the device and the elevator door control system, which is not a part of the subject merchandise.

The devices also include an audible warning circuit consisting of two timers and a beeper. The first timer, which may be set from zero to 60 seconds, determines the delay time before the beeper is activated. The second timer, which may also be set from zero to 60 seconds, determines the beep time and commences after the delay time ceases.

The subheadings under consideration are as follows:

8537.10.90: [b]oards, panels (including numerical control 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: [f]or a voltage not exceeding 1,000 V: [o]ther.

The general, column one rate of duty for goods classifiable under this provision is 5.3 percent ad valorem.

8431.31.00: [p]arts suitable for use solely or principally with the machinery of headings 8425 to 8430: [o]f machinery of heading 8428: [o]f passenger or freight elevators other than continuous action, skip hoists or escalators.

The general, column one rate of duty for goods classifiable under this provision is 2 percent ad valorem.

ISSUE:

Whether the MICROSCAN elevator door detection devices are classifiable under subheading 8537.10.90, HTSUS, as bases for the control or distribution of electricity, or under subheading 8431.31.00, as elevator parts.

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.

We must first determine whether the MICROSCAN devices are parts of elevators. Whether an article is a part of another article depends on the nature of the so-called "part" and its usefulness, function and purpose in relation to the article in which it is designed to serve. Kores Manufacturing Inc. v. U.S., 3 CIT 178, 179 (1982), aff'd appeal No. 82-83 (C.A.F.C. 1983).

It is our position that the subject devices are parts of elevators. The purpose of the devices is to detect a presence within an elevator opening, audibly signal the elevator passengers of the presence, and prevent the elevator opening from closing. The devices, in performing these functions, are very useful in relation to the operation of an elevator.

It is claimed that, because the devices are made up of different components, each of them cannot be classifiable as a single part. We disagree. The devices are goods in and of themselves. In fact, they are installed fitted into elevators. The components of each device work together to perform the necessary functions of that device. As a complete good, each device may be classifiable as a part, and, therefore, is described under subheading 8431.31.00, HTSUS.

We must now determine whether the MICROSCAN devices are described elsewhere under the HTSUS. It is argued that the devices are functional units classifiable under subheading 8537.10.90, HTSUS.

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. (emphasis supplied).

It is our position that the MICROSCAN devices cannot be functional units as defined by section XVI, note 4, HTSUS. As stated above, the purpose of the devices is to perform several functions, all of which are not clearly defined under one heading under the HTSUS, let alone under subheading 8537.10.90, HTSUS.

In fact, in HQ 956031, we stated that subheading 8537.10.90, HTSUS, did not apply to the subject devices because they are not designed for the control or distribution of electricity. We continue to agree with that position.

Therefore, it is our position that the MICROSCAN devices, which are complete units in an of themselves, are not described elsewhere under the HTSUS. Consequently, they are classifiable under subheading 8431.31.00, HTSUS.

HOLDING:

By authority of GRI 1, the MICROSCAN elevator door detection devices are classifiable under subheading 8431.31.00, HTSUS, as elevator parts.

EFFECT ON OTHER RULINGS:

HQ 956031 is affirmed.

Sincerely,

John Durant, Director
Commercial Rulings Division

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