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HQ 964219




October 12, 2000

CLA-2 RR:CR:GC 964219 KBR

CATEGORY: CLASSIFICATION

TARIFF NO.: 9031.80.80

Noel Guerra, International Logistic Manager Brook Mays Music Company
8605 John W.Carpenter Frwy.
Dallas, TX 75247

RE: Node Musical Instrument Tuner

Dear Mr. Guerra:

This is in regard to your undated letter to the U.S. Customs Service office at Dallas/Fort Worth Airport, which was received May 16, 2000, concerning the proper classification, under the Harmonized Tariff Schedule of the United States (HTSUS), of the Node musical instrument turner Model 7050D. Your letter was referred to this office for reply.

FACTS:

Model 7050-D Node musical instrument tuners are made in Japan. They are 12 wheel tuners used for teaching music students correct pitch and intonation. This device allows a music student to self determine whether they are sharp or flat by viewing whirling disks with light and dark segments. You state each tuner is valued at over $2000.

You claim the 7050-D Node chromatic musical instrument strobe tuner has a range of 7 octaves with an accuracy of 1/100 of a semitone. The tuner measures 15 inches by 4 ¾ inches by 8 inches and weighs 21 pounds. The chassis has an adjustable stand/handle, a built in microphone, and individual readouts for each note of the musical scale.

The tuner is used by a band or orchestra by setting the digital display to a desired frequency and to recalibrate the tuner. The front of the tuner has twelve windows arranged to correspond with the black and white keys on the piano keyboard in a chromatic octave from C to B. Behind each of the windows is a whirling disk on which are seven circular stroboscopic bands made up of alternate light and dark segments. Each band represents an octave. A musical tone played into the tuner through the microphone appears in one of the twelve windows as a visual pattern. If the pattern drifts to the left the tone is flat. If the pattern drifts to the right the tone is sharp. The right side of the front panel has a pointer and dial which can indicate how many “cents” (1/100 of a semitone) the tone is sharp or flat. The key of the tuner may be changed with the push of one button.

You state that you believe the proper classification under subheading 9027.80.45, HTSUS.

ISSUE:

What is the proper classification of the Model 7050D Node musical instrument tuner.

LAW AND ANALYSIS:

Classification of merchandise under the HTSUS is in accordance with the General Rules of Interpretation (GRI). GRI 1 provides that classification is determined according to the terms of the headings and any relative section or chapter notes. Merchandise that cannot be classified in accordance with GRI 1 is to be classified in accordance with subsequent GRI.

In interpreting the headings and subheadings, Customs looks to the Harmonized Commodity Description and Coding System Explanatory Notes (EN). Although not legally binding, they provide a commentary on the scope of each heading of the HTSUS. It is Customs practice to follow, whenever possible, the terms of the ENs when interpreting the HTSUS. See T.D. 89-90, 54 Fed. Reg. 35127, 35128 (August 23, 1989).

The HTSUS provisions under consideration are as follows:

9027 Instruments and apparatus for physical or chemical analysis (for example, polarimeters, refractometers, spectrometers, gas or smoke analysis apparatus); instruments and apparatus for measuring or checking viscosity, porosity, expansion, surface tension or the like; insturments and apparatus for measuring or checking quantities of heat, sound or light (including exposure meters); microtomes; parts and accessories thereof:

Other instruments and apparatus:

Other:

9027.80.45 Electrical

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

Other instruments, appliances and machines:

Other.

You believe that the proper classification of the Node musical instrument tuner is in subheading 9027.80.45, HTSUS, which includes in particular “instruments and apparatus for measuring or checking quantities of heat, sound or light.” We do not find that heading 9027 applies to instrument tuners. A tuner measures pitch, frequency or vibration. We believe this to be more of a “quality” than a “quantity”. To measure a quantity of sound you would measure the decibels or loudness of the sound. A machine measuring the decibels an instrument produces would be classified within heading 9027, HTSUS.

In accordance with 19 U.S.C 1625(c), in HQ 964264 (October 5, 2000), Customs revoked PD C80205 (October 15, 1997), a ruling involving guitar tuners classified in subheading 9027.80.45, HTSUS. The battery operated guitar tuners measured or checked the pitch (frequency) of the sound produced by vibrating guitar strings. The sound received by a built in microphone would be compared to a selected standard and a VU meter or LED lights would display the variance. In the revoked ruling, Customs determined that the guitar tuners should be classified in subheading 9027.80.45, HTSUS, which provides for Instruments and apparatus for physical or chemical analysis (for example, polarimeters, refractometers, spectrometers, gas or smoke analysis apparatus); instruments and apparatus for measuring or checking viscosity, porosity, expansion, surface tension or the like; instruments and apparatus for measuring or checking quantities of heat, sound or light (including exposure meters); microtomes; parts and accessories thereof: Other instruments and apparatus: Other: Electrical: Physical analysis instruments and apparatus. HQ 964262 will be published in a forthcoming issue of the Customs Bulletin.

In revoking PD C80205 in HQ 964264, Customs found that the correct tariff classification for a musical instrument tuner was in subheading 9031.80.80, HTSUS. HQ 964264 involved tuners specifically designed to tune acoustic, electric or bass guitars; tuners designed specifically for wind instruments; and tuners which may be used for any instrument. All the tuners operated in a similar manner, allowing a musician to tune an instrument by having the tuner sense the pitch (frequency) of a note played by the instrument and displaying if it is sharp or flat on a LCD VU meter and LED lights.

In HQ 964264 we stated that EN paragraph (18) for heading 9031, HTSUS, notably includes “Apparatus for measuring or detecting vibrations, expansion, shock or jarring, used on machines, bridges, dams, etc.” Since an instrument turner measures the vibrations emanating from a musical machine, we find this EN to be instructive.

Customs also issued a ruling concerning musical instrument tuners in NY 869148, dated December 19, 1991, finding that battery operated, hand held tuners for both acoustic and electronic instruments should be classified in subheading 9031.80.80, HTSUS. We find the issues to be the same for the Node musical instrument tuners. We believe that the Node musical instrument tuner, while more complex than those discussed in HQ 964264 and NY 869148, is still the same type of device. Therefore, we find that the proper classification for the Node musical instrument tuner is in subheading 9031.80.80, HTSUS.

HOLDING:

The Model 7050-D Node musical instrument tuners are classifiable in subheading 9031.80.80, HTSUS, as other measuring or checking instruments, appliances and machines not specified or included elsewhere in this chapter. .

Sincerely,

John Durant, Director
Commercial Rulings Division


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