HQ 089170

January 4, 1993

CLA-2 CO:R:C:M 089170 KCC

CATEGORY: Classification

TARIFF NO.: 9013.20.00

District Director

U.S. Customs Service

Patrick V. McNamara Building

477 Michigan Avenue

Detroit, Michigan 48266

RE: Protest No. 3801-91-100657; ND-YAG Laser RSY 500 P;

8515.80.00; laser for welding machine; Note 1(m) to Section

XVI; EN 90.13; functional unit; Note 4 to Section XVI; Note

3 to Chapter 90; parts for laser welding and cutting

machines; Note 2 to Chapter 90; Note 1(e) to Chapter 90

Dear Sir:

This is in response to the Application for Further Review of

Protest No. 3801-91-100657, dated March 7, 1991, which pertains

to the tariff classification of lasers and various laser parts

under the Harmonized Tariff Schedule of the United States

(HTSUS). Additional submissions dated August 9, September 12,

1991, February 11, 1992, and October 13, 1992, as well as

information gathered at meetings on November 20, 1991 and

September 29, 1992, were examined in rendering this decision.

FACTS:

The articles under consideration are the ND-YAG Laser RSY

500 P for a welding machine (\"laser\") and various parts of lasers

used in welding and cutting machines. Upon importation, the

entry for the laser was liquidated under subheading 9013.20.00,

HTSUS, which provides for \"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\...Lasers, other

than laser diodes.\" The parts were classified throughout the

HTSUS depending on the description of the part.

The protestant, Rofin-Sinar, Inc., contends that the laser

is properly classified under subheading 8515.80.00, HTSUS, which

provides for \"Electric (including electrically heated gas), laser

or other light or photon beam, ultrasonic, electron beam,

magnetic pulse or plasma arc soldering, brazing or welding

machines and apparatus, whether or not capable of cutting;

electric machines and apparatus for hot spraying of metals or

sintered metal carbides; parts thereof\...Other machines and

apparatus.\" Furthermore, the protestant contends that parts of

laser welding machines are properly classified under subheading

8515.90.20, HTSUS, which provides for \"\...Parts\...Of welding

machines and apparatus\", and that parts of laser cutting machines

are properly classified under subheading 8466.93.70, HTSUS, which

provides for \"Parts and accessories suitable for use solely or

principally with the machines of headings 8456 to 8465, including

work or tool holders, self-opening dieheads, dividing heads and

other special attachments for machine tools; tool holders for any

type of tool for working in the hand\...Other\...For machines of

heading 8456 to 8461\...Other\...Other\....\"

The ND-YAG Laser RSY 500 P is designed as a laser beam for a

welding machine for use in a broad range of industrial settings

requiring precision laser beam welding of metals which are

characterized by a high reflection coefficient, high thermal

conductivity and thermal sensitivity. The laser consists of the

laser head, power supply, microprocessor control console, and an

interface.

The microprocessor control console receives command signals

from the user\'s workstation. Based on the commands received, the

microprocessor control console shapes the temporal intensity of

the laser\'s pulse and stores pulse parameters such as height,

shape, frequency, length, energy, average poser, as well as those

parameters which regulate the laser\'s internal temperature and

safety functions. Additionally, the microprocessor control

console will store up to 100 pre-programmed pulse conditions

involving all of the pulse parameters for multiple application.

In performing this function the microprocessor control

console interfaces with the user\'s workstation to control the

feeding and positioning of the device, as well as the automatic

observing and checking of the welding operation to allow for

programmed adjustments of the positioning of the workpiece and

termination of the welding process. In other words, the

interface connects the laser and microprocessor control console

to the user\'s customized parts handling device or workstation.

ISSUE:

Is the ND-YAG Laser RSY 500 P properly classified under

subheading 8515.80.00, HTSUS, as a laser welding machine and

apparatus, or under subheading 9013.20.00, HTSUS, as a laser?

What is the proper classification of various parts for

lasers under the HTSUS?

LAW AND ANALYSIS:

The classification of merchandise under the HTSUS is

governed by the General Rules of Interpretation (GRI\'s). GRI 1,

HTSUS, states in part that \"for legal purposes, classification

shall be determined according to the terms of the headings and

any relative section or chapter notes\....\"

I. Classification of ND-YAG Laser 500 P

The competing headings for the laser are heading 8515 and

9013, HTSUS.

Heading 8515, HTSUS, is within Section XVI, HTSUS, making

the Section XVI, HTSUS, notes applicable to the classification of

the laser. Note 1(m) to Section XVI, HTSUS, states that this

section does not cover \"\[a\]rticles of chapter 90\....\" Therefore,

classification under heading 8515, HTSUS, is precluded if the

laser beam is considered an article of Chapter 90, HTSUS.

Explanatory Note (EN) 90.13 of the Harmonized Commodity

Description and Coding System (HCDCS) states that heading 9013,

HTSUS, includes lasers and states that:

In addition to the lasing medium, the energy source

(pumping system) and the resonant optical cavity (reflector

system), i.e., the basic elements combined in the laser head

(possibly with Fabry-Perot interferometers, interference

filters and spectroscopes), lasers generally also

incorporate certain auxiliary components (e.g., a power

supply unit, a cooling system, a control unit and, in the

case of the gas laser, a gas supply system or, in the case

of liquid lasers, a tank, fitted with a pump for the dye

solutions). Some of these auxiliary components may be

contained in the same housing as the laser head (compact

laser) or may take the form of separate units, connected to

the laser head by cables, etc. (laser system). In the

latter case the units are classified in this heading

provided they are presented together.

Lasers 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\....

Examples include:

\(i\) Machine-tools for working any materials by removal of

material by laser (e.g., metal, glass, ceramics or

plastics) (heading 84.56).

\(ii\) Laser soldering, brazing or welding machines and

apparatus, whether or not capable of cutting (heading

85.15).

HCDCS, p. 1479. The Explanatory Notes, although not dispositive,

are looked to for guidance in interpreting the HTSUS. 54 Fed.

Reg. 35127, 35128 (Aug. 24, 1989).

According to EN 90.13, lasers classifiable in heading 9013,

HTSUS, may contain auxiliary components such as a power supply

unit, a cooling system, and a control unit. However, lasers

which have been adapted to perform quite specific functions by

the addition of ancillary equipment such as work-tables or

workstations and are, therefore, identifiable as working

machines, are not properly classified as lasers in heading 9013,

HTSUS.

In this case, the issue to be decided is whether the

microprocessor control console and interface are considered

acceptable auxiliary components or are considered ancillary

equipment which would exclude the laser from classification in

heading 9013, HTSUS. The protestant contends that the laser is

excluded from heading 9013, HTSUS, because it contains critical

ancillary equipment, the microprocessor control console and

interface. The protestant claims these components give the laser

the means of feeding and positioning workpieces, as well as the

means of observing and checking the progress of the welding

operation. The protestant states that the microprocessor control

console and interface, like the laser and power supply, are

necessary and critical components which contribute to the

intended function of laser welding.

The micro processor control console receives command signals

from the user\'s workstation. Based on the commands received, the

microprocessor control console shapes the temporal intensity of

the laser\'s pulse and stores pulse parameters. The interface

acts as a connection between the microprocessor control console

and the user\'s workstation. All of these components, the micro

processor control console, interface and user\'s workstation,

operate together to control the feeding and positioning and the

observing and checking of the welding operation.

We are of the opinion that the microprocessor control

console is a piece of auxiliary equipment listed in EN 90.13 as

\"a control unit.\" However, the interface is not specifically

mentioned in EN 90.13 as a piece of auxiliary or ancillary

equipment. Nevertheless, we find that the interface is a piece

of auxiliary equipment, as it is a part of the microprocessor

control unit. The microprocessor control console shapes the

temporal intensity of the laser\'s pulse and stores the pulse\'s

parameters. The pulses are then transmitted to the user\'s

workstation through the interface. The interface is the medium

through which the laser and microprocessor control console exert

their generated energy. The interface provides the connection

between the microprocessor control console and workstation and

is, therefore, a necessary part of the microprocessor. As the

microprocessor control console and interface are considered

auxiliary equipment of the laser described in EN 90.13, the laser

is not excluded from classification under subheading 9013.20.00,

HTSUS.

Classification of the laser under subheading 9013.20.00,

HTSUS, makes the Chapter 90, HTSUS, notes applicable to this

classification. Note 3, Chapter 90, HTSUS, states that \"\[t\]he

provisions of note 4 to section XVI apply also to this chapter.\"

Note 4 to Section XVI, HTSUS, states:

Where a machine (including a combination of machines)

consists of individual components (whether separate or

interconnected by piping, by transmission devices, by

electric cables or by other devices) intended to contribute

together to a clearly defined function covered by one of the

headings in chapter 84 or chapter 85, then the whole falls

to be classified in the heading appropriate to that

function.

In this case, the note for functional units is applicable to

the classification of the laser. Clearly, this laser is a

functional unit. It is a machine that consists of individual

components interconnected through electric cables intended to

contribute to the clearly defined function of generating a laser

beam. Therefore, the laser, microprocessor control console and

interface are classified as a functional unit under subheading

9013.20.00, HTSUS.

II\. Classification of Parts

The protestant contends that the parts of laser welding and

cutting machines are classified pursuant to Note 2 to Section

XVI, HTSUS, under subheading 8515.90.20, HTSUS, as parts of

welding machines, and under subheading 8466.93.70, HTSUS, as

parts of cutting machines.

However, we have determined that the above described laser

is properly classified under subheading 9013.20.00, HTSUS.

Therefore, to determine the classification of parts in Chapter

90, HTSUS, an examination of the relevant chapter notes must take

place. For the classification of parts, Note 2 to Chapter 90,

HTSUS, states:

Subject to note 1 above, parts and accessories for machines,

apparatus, instruments or articles of this chapter are to

be classified according to the following rules:

\(a\) Parts and accessories which are goods included in any

of the headings of this chapter or chapters 84, 85 or

91 (other than heading 8485 and 8548 or 9033) are in

all cases to be classified in their respective

headings;

\(b\) 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;

\(c\) All other parts and accessories are to be classified in

heading 9033.

There is no question as to the classification of the first

category of parts pursuant to Note 2(a), Chapter 90, HTSUS.

Articles which are specifically provided for by name in the

headings in chapters 84, 85, 90 and 91, HTSUS, are to be

classified therein. The second category of parts, covered by

Note 2(b), Chapter 90, HTSUS, have a general use with various

machines but can be recognized as being parts of a particular

machine by virtue of being designed or engineered for a

particular machine. This category of article is different from

the third category of parts, covered by Note 2(c), Chapter 90,

HTSUS, which have general use in machines but can be used

interchangeably in a variety of machines.

Additionally, Note 1(e) to Chapter 90, HTSUS, excludes

\"\[p\]arts of general use, as defined in note 2 to section XV, of

base metal (section XV) or similar goods of plastics (chapter

39)\....\" Note 2 to Section XV, HTSUS, states:

Throughout the tariff schedule, the expression \"parts of

general use\" means:

\(a\) Articles of heading 7307, 7312, 7315, 7317 or 7318 and

similar articles of other base metal;

\(b\) Springs and leaves for springs, of base metal, other

than clock or watch springs (heading 9114); and

\(c\) Articles of heading 8301, 8302, 8308 or 8310 and frames

and mirrors, of base metal, of heading 8306.

Therefore, the parts in this protest which meet the definition of

\"parts of general use\" are excluded from classification under

Chapter 84, 85 and 90, HTSUS. For example, such parts included

but are not limited to tube and pipe fittings, wire, chain,

nails, tacks, screws and bolts, springs, clasps, etc. These

articles should be classified in their respective eo nomine

headings.

The protestant states that there are non-dedicated parts

which should be classified eo nomine in accordance with Note 2(a)

to Section XVI, HTSUS. There appears to be no dispute in regards

to the non-dedicated parts. However, these non-dedicated parts

should be classified pursuant to Note 2(a), Chapter 90, HTSUS.

Therefore, the parts in this protest which are goods included in

any of the headings in Chapters 84, 85 and 90, HTSUS, should be

classified within their respective headings in those Chapters.

The remainder of the parts are to be classified pursuant to

Note 2(b), Chapter 90, HTSUS, under subheading 9013.90.40, HTSUS,

which provides for \"\...Parts and accessories\...Other.\" The

protestant has submitted evidence that these parts are solely or

principally used with its lasers. This evidence is in the form

of an affidavit by the International Technical Coordinator for

the protestant. The affiant states that these parts were

designed and manufactured by the protestant or manufactured

externally to the protestant\'s specifications and are used

exclusively as parts of the protestant\'s laser. The affiant

continues that the parts have no other commercial utility other

than their use with the laser.

HOLDING:

The ND-YAG Laser RSY 500 P is properly classified under

subheading 9013.20.00, HTSUS, which provides for \"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\...Lasers, other

than laser diodes.\" This part of the protest is denied.

The parts of the laser are to be classified in accordance

with the Note 1(m) and Note 2 to Chapter 90, HTSUS, as set forth

in the above analysis. This part of the protest is denied in

part and granted in part.

A copy of this decision should be attached to the Customs

Form 19 and provided to the protestant as part of the notice of

action on the protest.

Sincerely,

John Durant, Director