HQ 086122

January 17, 1991

CLA-2 CO:R:C:G 086122 CMS

CATEGORY: Classification

TARIFF NO.: 8442.10.00

8442.40.00

8471.91.00

Mr. Robert E. Burke, Esq.

Barnes, Richardson & Colburn

200 East Randolph Drive

Chicago, IL 60601

RE: Typesetting Machinery, Apparatus And Equipment; Graphics

And Lettering Composing Systems; Parts; Optical Scanners;

Laser Imagesetters

Dear Mr. Burke:

This is in response to your request on behalf of Purup North

America, dated December 4, 1989, for a classification ruling on

certain Purup typesetting equipment. The classification of the

merchandise as a system, and all components entered separately

except the scanner and imagesetter, are determined in this

ruling. The classification of the scanner and imagesetter

entered separately will be determined in a subsequent ruling

under HQ file 088459.

FACTS:

The merchandise consists of certain Purup graphics and

lettering composing systems. The systems are used to produce

color offset printing media, especially in the labels, forms,

checks, and package printing industries. The systems can produce

printing media on photosensitive printing plates, film or paper.

The systems are normally imported in single shipment but

individual components are entered separately.

The system components include an interactive work station

(IWS), interactive graphics system (IGS), input scanner and

laser imagesetter. Hard copy proofers, digitizers and

interfaces may be added to the systems after importation.

The IWS consists of a composing terminal with command screen

and keyboard, an interactive graphics display, and a tracker ball

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and keypad which control the cursor on the graphics display.

With the cursor, it is possible to draw lines, logos or graphic

elements. The IWS uses the CPU of the IGS. Four models of the

IWS are imported, the PE 1400, PE 1410, PE 1420 and PE 1440. The

primary difference between the models is that the PE 1420 and PE

1440 are specifically designed to operate with particular models

of the IGS.

The IGS functions as the central processor for the IWS. The

IGS incorporates hard and floppy drives, and also incorporates

the power supply for the scanner. Four models of the IGS are

imported, the PE 1100, PE 1300, PE 1320 and PE 1340. The primary

difference is that the PE 1320 and PE 1340 are further enhanced

versions of the PE 1100 and PE 1300.

The input scanners are controlled by a program within the

IGS software. The scanners incorporate charge coupled devices.

Scanned images are transferred onto the hard disc digitally and

can then be reproduced on the IWS and manipulated by the user.

Scanned images are stored in Purup\'s proprietary data formats.

Two models of input scanners are imported, the PE 1710 which has

a resolution capability of 5,000 pixels, and the PE 1720 which

has a resolution capability of 10,000 pixels.

The laser imagesetters use an argon-ion laser to plot images

on photosensitive film, paper or plates. The imagesetters

include an operator terminal consisting of monitors and

keyboards. The imagesetters plot according to commands which

the units translate from digitally processed data. The raster

image processor of the imagesetter is designed to exclusively

calculate Purup composition data. Two models of the imagesetters

are imported, the PE 5000 and PE 7000. Both models have maximum

exposure formats of 25\" x 25\", and maximum resolutions of 2,540

lines per inch. The PE 5000 must communicate on line with the

IGS. The PE 7000 can communicate on line with the IGS, or off

line with Purup input systems via modem, diskette or streamer

tape.

The data formats used in the Purup systems are Purup\'s

proprietary data formats designed for typesetting applications.

The October 23, 1990 submission states that every Purup system is

loaded with the same basic software, the primary module of which

is principally used for entering, editing, placing, copying and

coloring text, and manipulating boxes and lines. Purup also

states in the October 23, 1990 submission that the data formats

do not lend themselves well to other programs such as CAD and CAM

programs; further, Purup states that it would not be commercially

or economically feasible to principally use the programs

resident in read only memory (ROM) for non-printing functions,

notwithstanding the fact that the programs resident are capable

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of further programming. In the December 4, 1989 submission it

is stated that the IWS\'s are slaved to the IGS\'s by pre-

programmed EPROM chips which are made to Purup\'s specifications

and installed prior to importation. Purup represents that it

does not market the equipment for non-typesetting applications.

ISSUES:

1\. Are the Purup components imported as systems classified

as machinery, apparatus and equipment for typesetting in Heading

8442?

2\. Are the IWS and IGS when entered separately classified as

parts in Heading 8442, or as goods which are specifically

described in other headings?

LAW AND ANALYSIS:

Heading 8442 in part describes machinery, equipment and

apparatus for typesetting. The Explanatory Notes to Heading

8442, p. 1234, provide that the heading covers machines \"\...used

to assemble (compose or set) it \[(type)\] for use in printing,

whether by hand or mechanically\...\" and \"\...includes composing

machines using a laser beam projected onto photographic film.\"

The Explanatory Notes, p. 1237, provide that Heading 8442

\"\...covers only phototype-setting or composing machines which

actually set type even if the type is photographed after it has

been set\" (emphasis in original).

Systems consisting of a Purup IWS, IGS, input scanner and

laser imagesetter perform the function of phototypesetting or

composing. Section XVI Note 4 provides that where machines

(including a combination of machines) consist of individual

components intended to contribute together to a clearly defined

function covered by a Section XVI heading, then the whole falls

to be classified in the heading appropriate to that function.

Also relevant is Chapter 84 Note 5, last paragraph, which

provides in part that machines incorporating or working in

conjunction with automatic data processing machines and

performing a specific function are classified in the heading

appropriate to their respective functions. The systems

consisting of a Purup IWS, IGS, input scanner and laser

imagesetter perform the specific function of phototypesetting or

composing, a function described by Heading 8442. These systems

are classified as Section XVI Note 4 functional units, in

8442.10.00, HTSUSA.

When entered separately, the IGS cannot be classified as a

typesetting machine in subheading 8442.10.00. Without other

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system components, such as the IWS, no type can be set or

composed. The IGS is suitable for use principally as the central

processor for a typesetting system. It is not classified

pursuant to Section XVI Note 2(a) because it is not a good

included in a heading of Chapters 84 or 85. It is classified as

a part pursuant to Section XVI Note 2(b), in 8442.40.00, HTSUSA.

When entered separately, the IWS is similarly classified in

8442.40.00, HTSUSA.

HOLDING:

Typesetting systems consisting of the Purup interactive

work station, interactive graphics system, input scanner and

laser imagesetter are classified as phototypesetting and

composing machines in 8442.10.00, HTSUSA. The interactive work

stations and interactive graphics systems, when entered

separately, are classified as parts in 8442.40.00, HTSUSA.

Sincerely,

John Durant, Director

Commercial Rulings Division