Laser Vision system

HQ 083189 October 24, 1989 CLA-2 CO:R:C:G 083189 TLS CATEGORY: Classification TARIFF NO.: 8537.10.00 Mr. William J. LeClair Trans-Border Customs Services One Trans-Border Drive P.O. Box 800 Champlain, New York 12919 RE: Laser Vision system Dear Mr. LeClair: You request a ruling on the proper classification of a product called "Laser Vision" under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). Your letter dated October 31, 1988 has been referred to this office for a reply. FACTS: "Laser Vision" (or LV) is a product that consists of a laser light, a camera, an image processor, a computer, and a computer control unit. Each component in the system contributes to the operation of the product, which is capable of performing robot welding and gluing applications. The laser senses the location of places where welding or gluing is needed, the information is transferred through the image processor to the computer, and then finally to control unit. The control unit translates the information into movement of the operational equipment. The welding equipment is furnished separately and is not a part of the Laser Vision. ISSUE: Under which of the following HTSUSA headings is Laser Vision properly classified: 9032, HTSUSA, covering automatic regulating or controlling instruments and apparatus; parts and accessories thereof; 8537, HTSUSA, covering boards, panels (including numerical control 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, other than switching apparatus of heading 8517. LAW AND ANALYSIS: It has been suggested that the LV is classifiable under heading 9032, HTSUSA, as an automatic regulating or controlling instrument or apparatus. However, legal note 6(a) to chapter 90, HTSUSA, provides that heading 9032 applies to instruments and apparatus for automatically controlling the flow, level, pressure or other variable of liquids or gases, or for automatically controlling temperature. Note 6(b) of chapter 90 provides that heading 9032 applies to automatic regulators of electrical quantities, and instruments or apparatus for non-electrical quantities the operation of which depends on an electrical phenomenon varying according to the factor to be controlled. It is clear to us from the information submitted that the LV does not meet the requirements of this note. It is our opinion that the LV is classifiable under heading 8537, HTSUSA, as boards, panels, consoles, desks, cabinets, and other bases for electric control or the distribution of electricity. Our opinion is based on the Harmonized System Commodity Description and Coding System, Explanatory Notes, Vol. 4, Page 1391. The Explanatory Notes (EN), while not dispositive, may be looked to for guidance in interpreting the various provisions of the HTSUSA. It is stated in the EN for heading 8537 that it covers articles which consist of an assembly of apparatus; for example, switches and fuses on a board, panel, or other base. They usually include meters and subsidiary apparatus such as transformers, valves, etc. The Explanatory Notes further state that the heading also covers "programmable controllers" which are digital apparatus using a programmable memory for the storage of instructions for implementing specific functions such as logic, sequencing, timing, counting, and arithmetic, to control, through digital or analog input/output modules, various types of machines. With the LV, the control unit processes the data which are then used to control the equipment that actually does the welding or gluing. Thus, the Laser Vision meets the description of an article of 8537 and is properly classifiable under that heading. HOLDING: The Laser Vision is classified under subheading 8537.10.00, HTSUSA, as a numerical control panel with voltage not exceeding 1,000 V. Sincerely, John Durant, Director Commercial Rulings Division