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HQ 958015




June 28, 1995

CLA-2 R:C:M 958015 LTO

CATEGORY: CLASSIFICATION

TARIFF NO.: 9031.90.60

Ms. Rosemary Reyes
Expeditors International c/o Newport Klingler Corporation
1791 Deere Avenue
Irvine, California 92714

RE: Translation stages; headings 8482, 8501, 9011, 9031; chapter 90, note 2; EN 90.31; test benches

Dear Ms. Reyes:

This is in response to your letter of February 2, 1995, to Customs in New York, requesting the classification of various translation stages under the Harmonized Tariff Schedule of the United States (HTSUS). Your letter was referred to this office for a response.

FACTS:

The subject articles are translation stages, which are used as positioning devices. The various models under consideration are as follows: Precision Steel Translation Stages (UMR8.51); Motorized Short-Travel Translation Stages (UTS20CC1); High- resolution Annular Rotation Stages (RTN120); Goniometric cradles (UBG50); and Single-Axis Tilt Platforms (TGN160). Generally, translation stages are designed to produce motion in a straight line and to provide a surface for mounting other components. However, the Annular Rotation Stages produce motion in a circular manner, the Goniometric cradles in a pendulum-type motion and the Tilt Platforms in an angular motion.

The translation stages are mounted onto test benches, which, in this instance, are used in optical testing, calibration, measuring and sometimes manufacturing applications (i.e., grinding by a lathe). You stated that Newport Klingler's translation stages are "generic" positioning devices used by customers to fit any application. Further, while they can be used with microscopes, they are not specifically designed for this purpose. - 2 -

ISSUE:

Whether the translation stages are classifiable as accessories of other optical instruments and appliances, other than test benches, under subheading 9031.90.55, HTSUS, or as other accessories of measuring or checking instruments and appliances under subheading 9031.90.60, 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 (ENs) constitute the Customs Co-operation Council's official interpretation of the Harmonized System. While not legally binding, and therefore not dispositive, 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 (August 23, 1989).

You contend that the translation stages are classifiable as other accessories of measuring or checking instruments and appliances under subheading 9031.90.60, HTSUS. Note 2(a) to chapter 90, HTSUS, provides that "[p]arts and accessories which are goods included in any of the headings of this chapter or of chapter 84, 85 or 91 . . . are in all cases to be classified in their respective headings." After considering the classification of the translation stages under headings 8482 (linear bearings) and 8501 (electric motors), HTSUS, we are of the opinion that they are not "goods included" in any chapter 84, 85, 90 or 91 heading. Accordingly, it is necessary to resort to note 2(b) to chapter 90, HTSUS, which provides as follows:

Other parts and accessories, if suitable for use solely or principally with a particular kind of machine, instrument or apparatus, or with a number of machines, instruments or apparatus of the same heading (including a machine, instrument or apparatus of heading . . . 9031) are to be classified with the machines, instruments or apparatus of that kind.

EN 90.31, pg. 1529, states that heading 9031, HTSUS, covers "[t]est benches for engines and motors, electrical generators, pumps, speed indicators or tachometers, etc., consisting of a frame and a measuring or calibrating instrument (emphasis in original)." Test benches are classified under subheading 9031.20.00, HTSUS. Parts and accessories of test benches are - 3 -
classified under subheading 9031.90.60, HTSUS, while parts and accessories of other optical instruments and appliances, other than test benches, are classified under subheading 9031.90.55, HTSUS.

You have stated that the translation stages are principally used with the test benches of subheading 9031.20.00, HTSUS, which includes measuring or checking test benches of all kinds. Based on this representation, the translation stages are classifiable as accessories under subheading 9031.90.60, HTSUS. Finally, because the translation stages are principally used with the test benches of heading 9031, HTSUS, they cannot be classified as accessories of microscopes under heading 9011, HTSUS.

HOLDING:

The translation stages are classifiable under subheading 9031.90.60, HTSUS, which provides for other accessories of measuring or checking instruments and appliances. The corresponding rate of duty for articles of this subheading is 4.3% ad valorem.

Sincerely,

John Durant, Director

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