United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1998 HQ Rulings > HQ 960223 - HQ 960371 > HQ 960259

Previous Ruling Next Ruling
HQ 960259



November 12, 1997

CLA-2 RR:CR:GC 960259 DWS

CATEGORY: CLASSIFICATION

TARIFF NO.: 8524.99.90; 8537.10.90; 9026.80.60; 9032.89.60

Mr. Paul S. Anderson
Sonnenberg & Anderson
200 South Wacker Drive
Chicago, IL 60606

RE: Reconsideration of NY A88137; Gob Image Analyzing System; Gob Image
Analyzer; Gob Weight Controller; Chapter 90, Note 6(a); Explanatory Note
90.32; Chapter 90, Note 3; Section XVI, Notes 1(m) and 4; Chapter 85, Note 6;
HQ 956962; 8501; 8423.30.00; 9031.49.90

Dear Mr. Anderson:

This is in response to your letters of February 19 and September 2, 1997, on behalf of GeDevelop, Inc., requesting reconsideration of NY A88137, dated October 24, 1996, concerning the classification of a Gob Image Analyzing System under the Harmonized Tariff Schedule of the United States (HTSUS).

Pursuant to 625(c)(1), Tariff Act of 1930 [19 U.S.C. 1625(c)(1)], as amended by section 623 of Title VI (Customs Modernization) of the North American Free Trade Agreement Implementation Act, Pub.L. 103-82, 107 Stat. 2057, 2186 (1993), notice of the proposed revocation of NY A88137 was published on October 1, 1997, in the CUSTOMS BULLETIN, Volume 31, Number 40. No comments were received in response to the notice.

FACTS:

The merchandise consists of a Gob Image Analyzing System (GIA System), which is composed of a Gob Image Analyzer (GIA) and a Gob Weight Controller (GWC). You claim that the primary function of the GIA System is to monitor and control the flow of molten glass to ensure that the optimal amount of molten glass is poured into a mold which will shape the end product.

A gob is a small amount of molten glass which is allowed to fall from the hearth to the molding machine which will shape the molten glass into a container. A flow of molten glass travels through a tube connected to the hearth. Gobs are formed by intermittently stopping the flow of molten glass. In the production of glass containers, the desired weight and shape of the gobs varies depending upon the desired end product. The weight of a gob directly relates to the flow of the molten glass through the tube. The flow of the molten glass is controlled by moving the tube through which it flows.

The GIA System measures the temperature, width, and speed of the gob as it is falling. From this data, it calculates the gob's weight and shape. The GIA System will then compare the gob's weight, shape, and temperature to prescribed parameters. If a gob's weight falls outside prescribed parameters, the GIA System will alter the flow of the molten glass by adjusting the tube height. This will, in turn, affect the weight of subsequent gobs. If a gob's shape or temperature falls outside prescribed parameters, the GIA System will notify the operator of the discrepancy by means of an audible or visual alarm.

The GIA consists of four main components: a camera consisting of sensors with a charge-coupled device (CCD) array housed in an aluminum case; a computer dedicated for use in the GIA System which includes a central processing unit (CPU), software, system disk, disk drive, monitor, and keyboard; a scale used to calibrate the GIA; and a gob-shape-change switch. The camera consists of a series of sensors capable of detecting the radiation emitted by a gob of molten glass. As the gob falls, it passes in front of the sensors. The light emitted from the hot piece of molten glass will illuminate part of the CCD array equal in size to the width of the falling gob. The sensors will also determine the speed of the falling gob as it enters and exits the path of the sensors. This information is converted into electronic data transmitted by cable to the computer. From this data, the computer will calculate the gob's weight. A pictorial representation of the falling gob, based on the data collected by the sensors, will be shown on the computer's color monitor. This information will be stored on the computer's system disk and may be sent to the customer's main process control system to log and print the information. The GIA will then compare the characteristics of the falling gob to prescribed parameters. As the prescribed parameters depend upon the container being manufactured, they may be adjusted using the gob-shape-change switch.

The GIA also incorporates an optical pyrometer which measures the temperature of the falling gob. You state that the temperature of the falling gob is not a characteristic controlled in the manufacturing process, but is of interest to the engineers.

If the GIA discovers that the gob weight is not within the prescribed parameters, a signal will be sent to the GWC. The GWC will then adjust the tube height accordingly to adjust the flow of the molten glass through the tube thereby changing the gob weight. The GWC performs this function utilizing a motor which is not a part of the GIA System.

You request that we determine the correct classification of the GIA System, and the classification of the GIA and GWC as if they were imported separately. The holding in NY A88137 did not address the latter issue.

ISSUE:

Whether the GIA System is a functional unit classifiable under subheading 8423.30.00, HTSUS, as a scale for discharging a predetermined weight of material into a bag or container, including hopper scales, under subheading 9031.49.90, HTSUS, as an other optical measuring or checking instrument or appliance, or under subheading 9032.89.60, HTSUS, as an other automatic regulating or controlling instrument or apparatus.

Whether the GIA is a functional unit classifiable under subheading 8423.30.00, HTSUS, as a scale for discharging a predetermined weight of material into a bag or container, including hopper scales, or under subheading 9026.80.60, HTSUS, as an other instrument or apparatus for measuring or checking the flow, level, pressure, or other variables of liquids or gases.

Whether pre-installed software in the computer of the GIA and GIA System is separately classifiable under subheading 8524.99.90, HTSUS, as other recorded media for sound or other similarly recorded phenomena.

Whether the GWC is classifiable under subheading 8537.10.90, HTSUS, as an other board, panel, etc., for electric control of electricity.

LAW AND ANALYSIS:

Classification of merchandise under the HTSUS is in accordance with the General Rules of Interpretation (GRI's). GRI 1 provides that classification is determined according to the terms of the headings and any relative section or chapter notes.

The subheadings under consideration are as follows:

8423.30.00: [w]eighing machinery (excluding balances of a sensitivity of 5 cg or better), including weight-operated counting or checking machines; weighing machine weights of all kinds; parts of weighing machinery: constant-weight scales and scales for discharging a predetermined weight of material into a bag or container, including hopper scales.

The general, column one rate of duty for goods classifiable under this provision is 1.8 percent ad valorem.

8524.99.90: [r]ecords, tapes and other recorded media for sound or other similarly recorded phenomena, including matrices and masters for the production of records, but excluding products of chapter 37:
[o]ther: [o]ther: [o]ther: [o]ther.

The general, column one rate of duty for goods classifiable under this provision is 3.9 cents per meter squared of recording surface.

8537.10.90: [b]oards, 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, and numerical control apparatus, 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 3.7 percent ad valorem.

9026.80.60: [i]nstruments and apparatus for measuring or checking the flow, level, pressure or other variables of liquids or gases (for example, flow meters, level gauges, manometers, heat meters), excluding instruments and apparatus of heading 9014, 9015, 9028, or 9032; parts and accessories thereof: [o]ther instruments and apparatus:
[o]ther: [o]ther.

Goods classifiable in this provision receive duty-free treatment.

9031.49.90: [m]easuring or checking instruments, appliances and machines, not not specified or included elsewhere in this chapter; profile projectors; parts and accessories thereof: [o]ther optical instruments and appliances: [o]ther: [o]ther.

The general, column one rate of duty for goods classifiable under this provision is 6.1 percent ad valorem.

9032.89.60: [a]utomatic regulating or controlling instruments and apparatus; parts and accessories thereof: [o]ther instruments and apparatus:
[o]ther: [o]ther.

The general, column one rate of duty for goods classifiable under this provision is 3 percent ad valorem.

We will first deal with the classification of the entire GIA System under the HTSUS. In NY A88137, Customs held the GIA System to be classifiable under subheading 9031.49.80, HTSUS (precursor to 1997 subheading 9031.49.90, HTSUS). You contend that the GIA System is classifiable as a functional unit under subheading 9032.89.60, HTSUS. Because heading 9031, HTSUS, excludes goods specified or included elsewhere in chapter 90, HTSUS, we must determine whether the GIA System is described under heading 9032, HTSUS.

Chapter 90, note 6(a), HTSUS, states that:

[h]eading 9032 applies only to:

(a) Instruments and apparatus for automatically controlling the flow, level, pressure or other variables of liquids or gases, or for automatically controlling temperature, whether or not their operation depends on an electrical phenomenon which varies according to the factor to be automatically controlled.

In understanding the language of the HTSUS, the Harmonized Commodity Description and Coding System Explanatory Notes may be utilized. The Explanatory Notes, although not dispositive or legally binding, provide a commentary on the scope of each heading of the HTSUS, and are generally indicative of the proper interpretation of these headings. See T.D. 89-80, 54 Fed. Reg. 35127, 35128 (August 23, 1989). In part, Explanatory Note 90.32(I) (p. 1659) states:

(I) INSTRUMENTS AND APPARATUS FOR AUTOMATICALLY CONTROLLING THE FLOW, LEVEL, PRESSURE OR OTHER VARIABLES OF LIQUIDS OR GASES, OR FOR AUTOMATICALLY CONTROLLING TEMPERATURE

Automatic control apparatus for liquids or gases and apparatus for automatically controlling temperature form part of complete automatic control systems and consist essentially of the following devices:

(A) A device for measuring the variable to be controlled (pressure or level in a tank, temperature in a room, etc.); in some cases, a simple device which is sensitive to changes in the variable (metal or bi-metal rod, chamber or bellows containing an expanding liquid, float, etc.) may be used instead of a measuring device.

(B) A control device which compares the measured value with the desired value and actuates the device described in (C) below accordingly.

(C) A starting, stopping or operating device.

Apparatus for automatically controlling liquids or gases or temperature, within the meaning of Note 6(a) to this Chapter, consists of these three devices forming a single entity or in accordance with Note 3 to this Chapter, a functional unit. . .

Instruments and apparatus for automatically controlling the flow, level, pressure and other variables of liquids or gases or for automatically controlling temperature are connected to an appliance which carries out the orders (pump, compressor, valve, furnace burner, etc.) which restores the variable (e.g., liquid measured in a tank or temperature measured in a room) to the prescribed value, or which, in the case of a safety system, for instance, stops the operation of the machine or apparatus controlled. This appliance, generally remote controlled by a mechanical, hydraulic, pneumatic or electric control is to be classified in its own appropriate heading (pump or compressor: heading 84.13 or 84.14; valve: heading 84.81, etc.). . .

Chapter 90, note 3, HTSUS, states that:

[t]he provisions of note 4 to section XVI apply also to this chapter.

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.

The GIA and the GWC, imported together as a unit, function together to meet the terms of Explanatory 90.32. The GIA acts both as a measuring device in that it measures the flow of molten glass (liquid) by calculating the weight of a falling gob of molten glass, and as a control device in that it compares the weight of the falling gob against prescribed parameters and transmits a signal to the GWC if adjustments need to made. The GWC acts as an operating device in that it adjusts the height of the tube through which the molten glass is flowing utilizing a motor. As stated in Explanatory Note 90.32, the motor (an "appliance which carries out the orders") is not a part of the GIA System and is separately classifiable under heading 8501, HTSUS.

The GIA System consists of individual components (GIA and GWC) intended to contribute together to a clearly defined function (automatically controlling the flow, weight, shape and temperature of liquids) covered by heading 9032, HTSUS. Therefore, the GIA System is functional unit described under subheading 9032.89.60, HTSUS, and it is precluded from classification under subheading 9031.49.90, HTSUS.

It has been suggested that the GIA System is a functional unit described under subheading 8423.30.00, HTSUS. Although the GIA does incorporate a scale and part of the function of the GIA is to calculate the weight of a gob, we find that function of the GIA as a whole is not encompassed by heading 8423, HTSUS. It is stated in the supplied literature that the GIA monitors temperature, shape, and weight, and it is our understanding that all three factors must meet certain specification requirements for each different end product. Also, to be classifiable under subheading 8423.30.00, HTSUS, the predetermined weight of material must be discharged in a bag or container. It is our position that, in this case, a mold is not a container for heading 8423, HTSUS, purposes, and we note that none of the containers involved in any Customs ruling concerning subheading 8423.30.00, HTSUS, is similar to a mold.

Section XVI, note 1(m), HTSUS, states that:

[t]his section does not cover:

(m) Articles of chapter 90.

Even if the GIA System were described under heading 8423, HTSUS, because it is an article of chapter 90, HTSUS, it would be precluded from classification in chapter 84, HTSUS.

We will now determine the classification of the GIA imported separately. Because the principal function of the GIA is to monitor and control the flow of molten glass, it is our position that it consists of individual components (CCD camera, computer, scale, gob-shape-change switch, and optical pyrometer) intended to contribute to a clearly defined function covered by heading 9026 (measuring or checking the flow, weight, shape, and temperature of liquids), HTSUS.

For the same reasons as with the GIA System, the GIA is precluded from classification under heading 8423, HTSUS. Therefore, the GIA, when imported separately, meets the terms of heading 9026, HTSUS, and is classifiable under subheading 9026.80.60, HTSUS.

Chapter 85, note 6, HTSUS, states that:

[r]ecords, tapes and other media of heading 8523 or 8524 remain classified in those headings, whether or not they are entered with the apparatus for which they are intended.

Therefore, any pre-installed software in the computer of the GIA and GIA System is separately classifiable under subheading 8524.99.40, HTSUS. See HQ 956962, dated September 13, 1994.

As it is our understanding that the GWC functions as a programmable controller, it is classifiable under subheading 8537.10.90, HTSUS.

HOLDING:

The Gob Image Analyzing System is a functional unit classifiable under subheading 9032.89.60, HTSUS, as an other automatic regulating or controlling instrument or apparatus.

When imported separately, the Gob Image Analyzer is a functional unit classifiable under subheading 9026.80.60, HTSUS, as an other instrument or apparatus for measuring or checking the flow, level, pressure, or other variables of liquids or gases.

Any pre-installed software in the computer of the GIA and GIA System is separately classifiable under subheading 8524.99.40, HTSUS, as other recorded media for sound or other similarly recorded phenomena.

When imported separately, the Gob Weight Controller is classifiable as a functional unit under subheading 8537.10.90, HTSUS, as an other board, panel, etc., for electric control of electricity.

NY A88137 is revoked. In accordance with 19 U.S.C. 1625(c)(1), this ruling will become effective 60 days after its publication in the CUSTOMS BULLETIN. Publication of rulings or decisions pursuant to 19 U.S.C. 1625(c)(1) does not constitute a change of practice or position in accordance with section 177.10(c)(1), Customs regulations [19 CFR 177.10(c)(1)

Sincerely,

John Durant, Director
Tariff Classification Appeals

Previous Ruling Next Ruling

See also: