# 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]{.underline} 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:

> \* \* \* \* \*

80. Other instruments and apparatus:

> \* \* \* \* \*
>
> Other:

9027.80.45 Electrical

\* \* \* \* \*

9031. Measuring or checking instruments, appliances and machines not
      specified or included elsewhere in this chapter; profile
      projectors; parts and accessories thereof:

> \* \* \* \* \*

80. Other instruments, appliances and machines:

> \* \* \* \* \*

80. 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