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HQ 965906




December 20, 2002

CLA-2 RR:CR:GC 965906 KBR

CATEGORY: CLASSIFICATION

TARIFF NO.: 9027.90.54

Mr. Al Low
Import Operations Manager
Agilent Technologies, Inc.
395 Page Mill Road, MS A2-04A
Palo Alto, CA 94303-0870

RE: Revocation of HQ 964451; Compact Tunable Laser Source Modules

Dear Mr. Low:

This is in reference to Headquarters Ruling Letter (HQ) 964451, dated March 8, 2001, issued to you regarding the classification, under the Harmonized Tariff Schedule of the United States (HTSUS), of compact tunable laser source modules. We have reviewed that ruling and determined that the classification set forth is in error.

Pursuant to section 625(c)(1), Tariff Act of 1930 (19 U.S.C. 1625(c)), as amended by section 623 of Title VI (Customs Modernization) of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182, 107 Stat. 2057), a notice was published on November 13, 2002, in Vol. 36, No. 46 of the Customs Bulletin, proposing to revoke HQ 964451. The one comment received during the comment period was in support of the proposed revocation. This ruling revokes HQ 9064451 by providing the correct classification for the compact tunable laser source module.

In HQ 964451, Customs found that the compact tunable laser source module for the Lightwave Multimeter Measuring System was classified in subheading 9013.80.90, HTSUS, as an other optical instrument, not specified or included elsewhere in chapter 90, HTSUS. Since HQ 964451 was issued Customs has issued two other rulings involving tunable laser source modules for the Lightwave Multimeter system, HQ 965639 (September 12, 2002) and HQ 965640 (September 12, 2002). Customs has reviewed the matter and determined that, pursuant to HQ 965639 and HQ 965640, the correct classification of the compact tunable laser source module is in subheading 9027.90.54, HTSUS, as a part of an instrument or apparatus for measuring or checking quantities of heat, sound or light. For the reasons stated below, this ruling revokes HQ 964451.

FACTS:

HQ 964451 concerned a compact tunable laser source module, model # 81689A. It is one part of a Lightwave Multimeter mainframe and modules consisting of seven components: the mainframe, the power sensors, the optical heads, the return loss, laser sources (standard and high power) and compact laser sources.

The compact tunable laser provides a laser output at a particular laser wavelength that is tunable over a specific wavelength range. It contains a Fabry-Perot laser diode, features an external cavity and incorporates various other elements like a printed circuit board and a coupler. The physical composition is:

3 printed circuit assemblies (PCA)
1 laser chip
1 inline isolator/taped coupler
1 grating
1 prism
1+ collimating lens
1+ focusing lens
1 stepper motor
1 fiber optic cable assembly
Cavity machine parts
Chassis sheetmetal parts
Plastic front panel

You described the compact tunable laser source as capable of being controlled remotely or from the front panel of the mainframe in which it is housed. The compact tunable laser source module does not stand alone but must be inserted into a slot in the mainframe.

The article is built specifically to work with the Agilent 8163A Lightwave Multimeter Mainframe, 8164A Lightwave Multimeter Mainframe, 8164A Lightwave Measurement System Mainframe and 8166A Lightwave Multichannel System Mainframe. The Agilent 8163A/8164A/8166A Lightwave Multimeter series are fiber-optic multipurpose measurement tools used for testing optical components and systems. The system measures quantities of light by use of optical radiation. It is capable of measuring basic fiber-optic parameters and replaces stand alone instruments such as optical power meters, dedicated loss test sets, return loss meters and stable optical sources. The Lightwave Multimeter is used in test applications such as the Dense WDM (Wavelength Division Multiplexing) test, the classic EDFA (Erbium Doped Fiber Amplifier) test, the classic component test and the CD/PMD (Chromatic Dispersion/Polarization Mode Dispersion) test.

The system sends light to the device being tested and measures the light that is returned to the Lightwave Multimeter measurement system mainframe. The measurement system characterizes the effects of the device on the lightwave and displays those effects on the cathode ray tube monitor contained within the mainframe. The measurement system is used principally to test optical components such as multiplexers, demultiplexers, optical switches, isolators, connectors and amplifiers, during their manufacture, fiber bragg gratings or thin film filters.

The measurement system can be used to measure the absorption of light by the tested device, effects on light wavelength, effects on chromatic dispersion (the color of light), cross talk (such as when you hear another conversation on the telephone), and signal power. The mainframe unit has a plug-in port or slots where tunable laser sources may be inserted and four slots for hosting power modules, return loss modules, compact tunable lasers or fixed laser sources. It has a color display and a 3.5 inch floppy drive.

ISSUE:

What is the classification under the HTSUS for the compact tunable laser source module?

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.

The HTSUS provisions under consideration are as follows:

9013 Liquid crystal devices not constituting articles provided for more specifically in other headings; lasers, other than laser diodes; other optical appliances and instruments, not specified or included elsewhere in this chapter; parts and accessories thereof:

Other devices, appliances and instruments:

9013.80.90 Other.

9027 Instruments and apparatus for physical or chemical analysis for example, polarimeters, refractometers, spectrometers, gas or smoke analysis aparatus); 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:

9027.50 Other instruments and apparatus using optical radiations (ultraviolet, visible, infrared):

9027.50.40 Electrical:

9027.90 Microtomes; parts and accessories:

Parts and accessories:

Other:

Of instruments and apparatus of subheading 9027.20, 9027.30, 9027.40, 9027.50 or 9027.80

In understanding the language of the HTSUS, the Harmonized Commodity Description and Coding System Explanatory Notes may be utilized. The Explanatory Notes (ENs), 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).

Two headings within chapter 90 are under consideration, heading 9013 and heading 9027. Heading 9013, in pertinent part, includes lasers, other than laser diodes; other optical appliances and instruments, not specified or included elsewhere in chapter 90. Heading 9027, in pertinent part, includes instruments and apparatus for measuring or checking quantities of heat, sound, or light.

The article involved in the instant decision is a compact tunable laser source module intended to be incorporated into Agilent’s Lightwave Multimeter mainframe unit. In HQ 965639 (September 12, 2002), Customs found that the Lightwave Multimeter measurement system was classified in subheading 9027.50.40, HTSUS, as instruments and apparatus for measuring or checking quantities of heat, sound, or light. However, this decision involves only the compact tunable laser source module.

In part, EN 90.13 (p. 1600) states that:

[l]asers are classified in this heading not only if they are intended to be incorporated in machines or appliances but also if they can be used independently, as compact lasers or laser systems, for various purposes such as research, teaching, or laboratory examinations.

However, the heading excludes lasers which have been adapted to perform quite specific functions by adding ancillary equipment consisting of special devices (e.g., work-tables, work-holders, means of feeding and positioning workpieces, means of observing and checking the progress of the operation, etc.) and which, therefore, are identifiable as working machines, medical apparatus, control apparatus, measuring apparatus, etc. Machines and appliances incorporating lasers are also excluded from the heading. Insofar as their classification is not specified in the Nomenclature, they should be classified with the machines or appliances having a similar function.

In construing heading 9013, Customs has determined that where a light source contains optical components other than a laser, but was not provided for more specifically elsewhere in chapter 90, such a good was classifiable within heading 9013. See HQ 956919 (December 12, 1994), and HQ 957966 (October 31, 1995).

Customs previously found that stand alone, bench-top tunable laser diode sources were classified under subheading 9013.80.90, HTSUS. See HQ 962947 (March 12, 2001), HQ 962890 (March 5, 2001), HQ 962893 (March 5, 2001), HQ 956919 (December 12, 1994)(classified under subheading 9013.80.60, HTSUS, now subheading 9013.80.90, HTSUS). Because, the merchandise contained a laser diode chip, the light source could not be classified under subheading 9013.20.00, HTSUS, as a laser, other than a laser diode. Customs found that even if the light source contained a laser other than a laser diode, that component would still be just one of many optical components contained within the light source. Therefore, because the light source, which contained various optical components, was not classifiable elsewhere under chapter 90, HTSUS, it was classifiable under subheading 9013.80.90, HTSUS. See NY 873993 (May 27, 1992).

The instant compact tunable laser sources are only modules. They must be inserted into the mainframe unit and cannot stand alone. The compact tunable laser source module does not have a power source, a central processing unit (CPU), controls, application software, or displays. The design and connections of the compact tunable laser source allow it to be incorporated only into the Lightwave Multimeter mainframe unit. In very similar situations involving the same Lightwave Multimeter testing systems but a different plug-in module, Customs found that the tunable laser source module was classified in subheading 9027.90.54, HTSUS, citing note 2(b) to chapter 90 which states:

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 9010, 9013, or 9031) are to be classified with the machines, instruments or apparatus of that kind

See HQ 965640 (September 12, 2002); HQ 965639 (September 12, 2002).

Therefore, because the compact tunable laser source module cannot function outside of the mainframe unit, we find that the compact tunable laser source module is a part for use solely with the Lightwave Multimeter measurement system. Therefore, pursuant to the discussion above, we find that the correct classification of the Agilent compact tunable laser source module is as a part of an instrument or apparatus for measuring or checking quantities of heat, sound or light; classifiable in subheading 9027.90.54, HTSUS.

HOLDING:

The compact tunable laser source module is classifiable in subheading 9027.90.54, HTSUS, as a part of an instrument or apparatus for measuring or checking quantities of heat, sound or light.

EFFECT ON OTHER RULINGS:

HQ 964451 dated March 8, 2001, is REVOKED. In accordance with 19 U.S.C. § 1625(c), this ruling will become effective sixty (60) days after its publication in the Customs Bulletin.

Sincerely,

Myles B. Harmon, Acting Director
Commercial Rulings Division

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