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 960380 - HQ 960511 > HQ 960429

Previous Ruling Next Ruling
HQ 960429




August 19, 1998

CLA-2 RR:CR:GC 960429 RFA

CATEGORY: CLASSIFICATION

TARIFF NO.: 9031.49.80

Port Director
U.S. Customs Service
Second and Chestnut Streets
Philadelphia, PA 19106

RE: Protest 1101-97-100115; TriScan Inspection System; TriScan In-Line Process Controller; TriScan Calibration Toolkit for Chip Mounting Machine; Optical Measuring or Checking Instruments, Appliances, and Machines; Process Controller; Machines and Mechanical Appliances Having Individual Functions; Headings 8479, 8537, 9031; Legal Note 1(m) to Section XVI; HQs 954117, 954682

Dear Port Director:

The following is our decision regarding Protest 1101-97-100115, which concerns the classification of the TriScan Inspection System and the TriScan Calibration Toolkit under the Harmonized Tariff Schedule of the United States (HTSUS).

FACTS:

The subject merchandise consists of the TriScan Inspection System, also referred to as TriScan In-Line Process Controller, and the TriScan Calibration Toolkit. According to the information provided, the TriScan Inspection System is a 3-D solder paste inspection/verification system. It scans printed circuit boards (PCBs) coated with solder paste prior to automatic component mounting to check whether or not there is proper placement of solder on the board.

The TriScan performs the scanning of the PCB by sending a laser-beam on a rotating polygon with 20 facet mirrors. An optical system turns the reflected beam into a telecentric scanning beam that is perpendicular to the scanned area at all times. The reflected light is offset by height variations on the scanned surface, and focussed on two position-sensitive devices which convert the spot location into height and intensity information. This method is referred to as double triangulation. The TriScan will then compare this information with a preset comparison and will make the determination as to whether the PCB passes or fails. If it passes, the PCB moves to the next station for automatic component insertion. If it fails, the PCB is routed to another lift/buffer unit.

The only information provided about the toolkit is that it includes equipment for the adjustment of the parameters and minor replacement parts for the TriScan.

The merchandise was entered under subheading 8479.89.95, HTSUS, as other machines and mechanical appliances having individual functions not specified or included elsewhere in this chapter. The entry was liquidated on November 8, 1996, under subheading 8537.10.90, HTSUS, as programmable controllers. The protest was timely filed on February 6, 1997.

Classification of the merchandise under subheading 9031.49.80, HTSUS, as other optical measuring or checking instruments, is also under consideration.

The 1996 subheadings under consideration are as follows:

8479.89.95: Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter. . . : [o]ther: [o]ther: [o]ther. . . .

Goods classifiable under this provision have a general, column one rate of duty of 3.2 percent ad valorem.

8537.10.90: Boards, 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. . . .

Goods classifiable under this provision have a general, column one rate of duty of 4.3 percent ad valorem.

9031: Measuring or checking instruments, appliances and machines, not specified or included elsewhere in this chapter. . . ; parts and accessories thereof:

9031.49.80: Other optical instruments and appliances: [o]ther: [o]ther. . . .

Goods classifiable under this provision have a general, column one rate of duty of 7.4 percent ad valorem.

9031.90.55: Parts and accessories: [o]f other optical instruments and appliances, other than test benches: [o]ther. . . .

Goods classifiable under this provision have a general, column one rate of duty of 7.4 percent ad valorem.

ISSUE:

Whether the TriScan Inspection System and the TriScan Calibration Toolkit are classifiable as a process controller, or as machines and mechanical appliances having individual functions, or as a measuring or checking instruments under the HTSUS?

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 shall be determined according to the terms of the headings and any relative section or chapter notes.

The protestant claims classification under heading 8479, HTSUS, as other machines and mechanical appliances having individual functions not specified or included elsewhere in this chapter. The port re-classified the merchandise under heading 8537, HTSUS, as process controllers. Both provisions are within section XVI, and are subject to Legal Note 1(m) to Section XVI, HTSUS, which states that: "[t]his section does not cover. . . [a]rticles of chapter 90". Therefore, if the merchandise is provided for under heading in chapter 90, it cannot be classified under heading 8479 or 8537, HTSUS.

Heading 9031, HTSUS, provides for measuring or checking instruments, appliances and machines. The first issue is whether the TriScan performs a "measuring" or "checking" function and under what subheading this function falls within. The terms "measuring" and "checking" are not defined in the HTSUS nor in the Harmonized Commodity Description and Coding System Explanatory Notes (EN) which constitutes the official interpretation of the HTSUS. While not legally binding, the ENs 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 F.R. 35127, 35128 (August 23, 1989).

A tariff term that is not defined in the HTSUS or in the EN's is construed in accordance with its common and commercial meaning. Nippon Kogaku (USA) Inc. v. United States, 69 CCPA 89, 673 F.2d 380 (1982). Common and commercial meaning may be determined by consulting dictionaries, lexicons, scientific authorities and other reliable sources. C.J. Tower & Sons v. United States, 69 CCPA 128, 673 F.2d 1268 (1982). In United States v. Corning Glass Works, 66 CCPA 25,27, 586 F.2d 822, 825 (1978), the Court of Customs and Patent Appeals, quoting Webster's Third New International Dictionary, 381 (1971), stated: " Check' is defined as "to inspect and ascertain the condition of especially in order to determine that the condition is satisfactory; *** investigate and insure accuracy, authenticity, reliability, safety, or satisfactory performance of ***; to investigate and make sure about conditions or circumstances ***."

The term "measure" is defined as follows: "[t]o ascertain the quantity, mass, extent, or degree of in terms of a standard unit or fixed amount . . .; measure the dimensions of; take the measurements of. . .; to compute the size of. . . from dimensional measurements." See Webster's Third International Dictionary, 1400 (1986); See also HQ 954682 (July 14, 1994); HQ 950196 (January 8, 1992); HQ 088025 (January 17, 1991). Based upon the above definitions, we find that the TriScan Inspection System, which checks the amount of solder paste on PCBs, meets the terms of heading 9031, HTSUS, as a measuring and checking instrument.

In HQ 954117, dated August 22, 1994, Customs determined that the Sira Image Automation laser-based inspection system, which was designed to identify defects in flat homogenous products, was classifiable as an optical checking instrument under subheading 9031.49.80 (then 9031.40.00), HTSUS. The system incorporated lenses which focused its laser beam onto the surface of the products being examined, mirrors which controlled the direction of the beam and a mirrored, rotating polygon, which caused the beam to be swept across the product. The lenses, mirrors and mirrored polygon were necessary to bend, refract, etc., the laser beam in order to focus or amplify the light onto the product.

In HQ 954682, dated July 14, 1994, Customs determined that an Ampoule Inspection Machine (AIM) which was designed for foreign particulate detection in glass ampoules, was also classifiable under subheading 9031.49.80 (then 9031.40.00), HTSUS. The AIM's detection system consisted of lenses and a light source reflecting through the ampoules and onto a photodiode array to detect foreign particulate.

In the present situation, the TriScan Inspection System uses a laser-based system to check the level of solder paste on a PCB to ensure that it has a sufficient level of solder paste before continuing in the manufacturing process. If the TriScan finds a deficient level of solder paste on a PCB, that PCB is removed from the manufacturing process. This function is similar to the inspection systems in HQ 954117 and HQ 954682. Based upon these rulings, we find that the TriScan is also classifiable under subheading 9031.49.80, HTSUS, as other optical measuring or checking instruments. Because the TriScan is classified in heading 9031, it cannot be classified in heading 8479 or 8537 based upon the application of Legal Note 1(m) to Section XVI, HTSUS.

In classifying the merchandise under heading 8537, HTSUS, the port cited HQ 083189, dated October 24, 1989. In HQ 083189, Customs determined that the Laser Vision System ("LVS") checked the location of where welding or gluing is needed, and sent the information to the control unit which translated the information into movement of the operational equipment. Because the LVS used the information it obtained to send instructions to another machine to perform an operation (i.e., welding or gluing), Customs found that the LVS met the terms of heading 8537, HTSUS, as a process controller. The TriScan Inspection System is distinguishable from the LVS in HQ 083189, because the TriScan does not send instructions to another machine to perform an operation such as gluing or welding. Therefore, we find that HQ 083189 is not applicable for determining the classification of the subject merchandise.

The only information provided by the protestant regarding the toolkit is that it includes equipment for the adjustment of the parameters and minor replacement parts for the TriScan. Based upon this limited information, we find that the toolkit is parts and accessories for the TriScan, classifiable under subheading 9031.90.55, HTSUS.

HOLDING:

The TriScan Inspection System is classifiable under subheading 9031.49.80, HTSUS, which provides for: "[m]easuring or checking instruments, appliances and machines, not specified or included elsewhere in this chapter. . . : [o]ther optical instruments and appliances: [o]ther: [o]ther. . . ."

The toolkit is classifiable under subheading 9031.90.55, HTSUS, which provides for: "[m]easuring or checking instruments, appliances and machines, not specified or included elsewhere in this chapter; parts and accessories thereof: [p]arts and accessories: [o]f other optical instruments and appliances, other than test benches: [o]ther. . . ." Goods classifiable under these provisions have a general, column one rate of duty of 7.4 percent ad valorem.

Because reclassification of the merchandise as indicated above will result in a higher rate of duty than claimed, you should DENY the protest in full. 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 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 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
Commercial Rulings Division

Previous Ruling Next Ruling

See also: