HQ 083123

December 18, 1989

CLA-2 CO:R:C:G 083123 CMS

CATEGORY: Classification

TARIFF No.: 9010.20.60, HTSUSA

7318.16.00, HTSUSA

8482.80.00, HTSUSA

8483.10.50, HTSUSA

8483.50.80, HTSUSA

9010.90.80, HTSUSA

Mr. Robert M. Fridhandler, President

Robert M. Fridhandler, Inc.

2 Sylvanus Court

Blauvelt, N.Y. 10913

RE: Parts for Printing Plate Processors

Dear Mr. Fridhandler,

You requested a ruling on the classification of certain

parts of printing plate processors. The New York Seaport issued

a ruling to you under the Tariff Schedules of the United States

(TSUS), and referred the matter to Customs Headquarters for a

ruling under the Harmonized Tariff Schedules of the United States

Annotated (HTSUSA). Our ruling follows.

FACTS:

The merchandise consists of twenty parts of an apparatus

which develops presensitized and exposed aluminum printing

plates. The apparatus is housed in a structure approximately

30\" long, 24\" wide and 16\" high. The aluminum plates are

transported through the apparatus by a series of cylindrical

rollers which are powered by a belt and gear system.

The names given to the parts by the importer, and a

description for the parts derived from the diagrams provided by

the importer are as follows:

roller core (long): steel cylinder 21.39\" long and .5\"

in diameter; approximately 1\" of each end is of lesser

diameter and extreme ends are tapered at 45 degree

angle; center of core of each end is drilled

approximately 1/8\" deep; two holes are drilled into

surface of cylinder;

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roller core (short): same as \"roller core (long)\" but

19.248\" long and one hole drilled into surface;

bearing for brush drive: plastic sleeve type bearing

.5\" long with .502\" outer diameter (3.765\" inner

diameter);

brush for drive shaft: steel cylinder 3.312\" long and

.3750\" in diameter; each end is tapered;

roller shaft drive: steel cylinder 22.25\" long and

.375\" in diameter; one hole is drilled into surface

of shaft near one end; each end is tapered;

idler T-belt: steel wheel .75\" long with 1\" outside

diameter (.376 inner diameter);

tie-bar: steel cylinder 20\" long and 3/8\" in diameter;

center of core of each end is drilled approximately

.5\" deep;

roller bearing: plastic roller bearing .5\" long; rim

of one end is .75\" in diameter and remainder of length

is .624\" in diameter;

brush core: similar to \"roller core (long)\", but

18.988\" long and .625\" in diameter;

collar for brush shaft: metal sleeve 1\" long with .5\"

outer diameter and .376\" inner diameter; ends are

tapered and hole is drilled through one wall of sleeve;

eccentric nut: steel nut having the appearance of a

ring .375\" in diamete83123r with a .5\" hexagonal nut

fused onto one end; off center hole is drilled through

core of nut;

roller for upper deflector: plastic cylinder 18.125\"

long and 5/8\" in diameter; ends are tapered and holes

are drilled into center of core of each end

approximately 9/16\" deep;

stud for roller drive gear, stud for T-belt idler, hub

for brush drive, stud for deflector roller, roller for

drive gear, stud for roller for drive gear, stud for

brush arm, stud for idler pivot: steel connectors or

other fittings ranging in length from .263\" to 1.687\";

ends of the articles are tapered at 45 degree angle,

have holes drilled into center of core, or are

otherwise worked to accommodate a connection to another

article; each article except \"stud for deflector

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roller\" has a range of diameters due to their having

cylindrical sections of varying sizes, grooves cut 360

degrees around article, the outer rim of a disc

encircling the article, or a hexagonal nut-like article

attached to the end of the item; one end of \"stud for

deflector roller\" is grooved laterally in \"straight

knurl\" design;

ISSUE:

Under which of the following headings is the merchandise

properly classified:

1\) as \"parts of general use\", under headings 7307, 7312,

7315, 7317 or 7318, HTSUSA;

2\) 8442, HTSUSA, covering parts of machines which prepare

printing plates;

3\) 9009, HTSUSA, covering parts of photocopying apparatus;

or

4\) 9010, HTSUSA, covering parts of apparatus used in

photographic laboratories.

LAW AND ANALYSIS:

The merchandise does not comprise an incomplete or

unassembled article pursuant to General Interpretive Rule 2(a).

The merchandise does not include any of the parts which form the

external housing, the majority of the parts which form the

internal structural support, or any of the belts and gears. If

the instant parts could be assembled in some fashion without

additional parts, the \"assembled\" article would not have the

essential character of the complete or finished printing plate

processor.

In order to determine which section and chapter notes are

relevant in the classification of the parts, the classification

for the finished article must be determined.

Classification of Developer

Heading 8442 describes parts for machines which prepare

printing plates. However, presensitized printing plates, and

apparatus which develop them are excluded from the types of

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plates and apparatus covered under 8442, HTSUSA. The HTSUSA

Explanatory Notes to Heading 8442, p. 1235, provide:

Sensitized plates (e.g. consisting of metal or plastics,

coated with a sensitized photographic emulsion\...) are

excluded (heading 37.01). (emphasis in original)

Heading 3701 covers photographic printing plates and by its own

language indicates that the sensitized plates are used in a

photographic process.

Likewise, the Explanatory Notes to heading 8442 at

p\. 1237 exclude from heading 8442 photographic equipment(i.e.

cameras, enlargers and reducers, contact printers) and

\"\...similar photographic apparatus for preparing printing plates

or cylinders (Chapter 90)\...\" (emphasis in original). Although

HTSUSA Explanatory Notes are not dispositive, they should be

looked to for guidance in properly interpreting the HTSUSA. (See

p\. 54, Fed. Reg. 35128, 8/23/89).

The importer\'s June 3, 1988 correspondence indicates that

the pre-developed plates have been \"exposed\". Webster\'s New

World Dictionary, Third College Edition, p. 479, defines \"expose\"

in pertinent part as:

to subject (a sensitized film or plate) to

radiation having a photochemical effect

Webster\'s, p. 1017, defines \"photography\" as:

the art or process of producing images of

objects upon a photosensitive surface (as film

in a camera) by the chemical action of light or

other radiant energy

Chapter 90, HTSUSA generally encompasses photographic

apparatus and parts. Heading 9006 would include cameras which

photographically prepare printing plates; Heading 9009 would

include apparatus which prepare printing plates by a photocopying

process; and Heading 9010 would include photographic laboratory

equipment. Although the Explanatory Notes to 9009, HTSUSA do not

specifically refer to apparatus which process printing plates,

the Explanatory Notes to Heading 9006, p. 1467, provide:

Apparatus for preparing printing plates or

cylinders by a photocopying or thermocopying

process are excluded from this heading and

fall in heading 90.09. (emphasis in original)

Heading 9006 covers cameras incorporating automatic

developers, but does not describe any separate developing

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apparatus which process plates after they have been exposed

photographically. There is no classification in Chapter 90 which

provides for other photographic apparatus in its heading (except

9013, which provides for \"other optical appliances\"; the instant

apparatus does not contain an optical system). Thus, it would

appear that the developing apparatus would be classified in

either Heading 9009 or 9010.

Apparatus for the developing of printing plates are not

specifically described in the Headings or Explanatory Notes to

9009 and 9010, HTSUSA. It is thus necessary to analyze similar

apparatus which are specifically described.

The instant developing apparatus processes plates which have

been imaged in a frame printer using the contact method. Contact

type photocopying apparatus both incorporating and not

incorporating automatic developers are described in the

Explanatory Notes to Heading 9009, p. 1472. However, the

Explanatory Notes to Heading 9009 give no express guidance as to

where separate developers might be classified.

The examples of contact type photocopying apparatus

described in The Explanatory Notes to 9009, HTSUSA, include

diazocopiers and blueprinters. While neither diazocopiers nor

blueprinters process printing plates, it is helpful to analyze

their functions, and the processes used to develop the materials

they expose. The McGraw Hill Encyclopedia Of Science And

Technology, Sixth Ed., Vol. 10, p. 387, describes the

diazocopying process as follows:

A positive transparent paper or film master

containing an opaque image is placed in contact

with a light-sensitive coated paper or film and

exposed to ultraviolet light, neutralizing the

coating except where hidden by the master\'s image.

The copy is then passed through ammonia fumes for

development, turning the image black. (emphasis

supplied)

Listed as a specific example of \"\[s\]pecialised equipment used in

reproduction work\" in the Explanatory Notes to Heading 9010, p.

1474, are \"apparatus for developing specially sensitized paper

by the ammonia vapor process.\" (emphasis supplied)

Thus, there is one specific example of the classification

under 9010, HTSUSA of a separate apparatus which develops

material which has been exposed by a contact type printing

apparatus classified under 9009, HTSUSA. (Non-photocopying type

contact printers are classified under 9010, HTSUSA; separate

developers for these printers would presumably also be classified

in 9010, HTSUSA).

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An analysis of a blueprinter yields a similar finding. The

McGraw Hill Encyclopedia of Science And Technology, p.387,

provides:

Blueprinting. The master and exposure requirements

are similar to those used with the diazo process.

The light sensitive coating is an iron compound

which, after exposure, is washed and fixed in a

chemical bath turning deep blue. The unexposed

coating behind the master\'s image is washed away,

and the duplicate image becomes white. (emphasis in

original)

Although a tank or tray specifically used for washing and

fixing an exposed blueprint is not specifically listed in the

Explanatory Notes to Heading 9010, general types of such

photographic apparatus are listed (i.e. special film developing

tanks, special trays, and tanks for washing negatives).

The materials developed or otherwise processed by apparatus

classified in Heading 9010 are not limited to film (e.g.

diazocopier and blueprinting paper, and silicon slices onto which

circuit patterns are projected). Further, the language in

Heading 9010 describing only photographic laboratory equipment

does not restrict the classification of the instant merchandise

there. Webster\'s New International Dictionary, Second Edition,

p\. 1379, defines \"laboratory\" in pertinent part as:

\...a place devoted to\...the application of

scientific principles\...or in the preparation

on a small scale of drugs, chemicals, explosives,

etc.;\...by extension, a place where something is

prepared or some operation is performed.

Although the word \"laboratory\" does limit Heading 9010 to some

extent, it is sufficiently broad to encompass the instant

developing apparatus. Further, apparatus which perform similar

functions are classified in Heading 9010.

The developing apparatus assembled with the instant parts is

classifiable as \"other\" photographic laboratory apparatus in

9010.20.60, HTSUSA.

Classification of Parts

The Notes to Chapter 90 include two relevant provisions

regarding parts of machines classifiable in Chapter 90. Chapter

Note 1(e) excludes from classification in Chapter 90 \"parts of

general use\" as defined in Note 2 to Section XV (and similar

articles of plastic, Chapter 39). Chapter 90 Note 2(a) excludes

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from classification in Chapter 90 parts which are goods included

in Chapters 84 or 85 (except headings 8485 and 8548).

Articles classifiable under 7318, HTSUSA are parts of

general use as defined in Note 2 to Section XV. Heading 7318

contains an \"eo nomine\" provision for \"nuts\". Although the

imported eccentric nut is a specialized article in that its core

is drilled off center and it has both a hexagonal and cylindrical

shape, it is nevertheless classified in 7318.16.00, HTSUSA. The

Explanatory Notes to Section XV, p. 973, Part C, provide that

parts described by Heading 7318 are classified there regardless

of their \"specialized\" nature.

None of the other imported articles are classified as \"parts

of general use\". The imported studs are not the type of stud

covered under Heading 7318; the Explanatory Notes to Heading

7318, p. 1028, describes screw studs and screw studding which are

threaded at both ends or throughout. The imported studs are also

not classified as fittings or connectors for tubes or pipes under

Heading 7307 (also a provision for \"parts of general use\").

None of the articles which they connect or to which they fit are

described as tubes or pipes in Chapter 73; to the extent that any

of such articles might be hollow, they are more than the \"hollow

profiles\" described in Chapter 73, and thus their fittings or

connectors would not be classified in Chapter 73.

Heading 8482 covers ball or roller bearings. The bearing for

brush drive and roller bearing are classified in Heading

8482.80.00.

Heading 8483 describes transmission shafts. The Explanatory

Notes to Heading 8483, p. 1325, describe main or drive shafts

which are driven directly by a motor, and counter shafts which

are coupled to the main shaft and transmit power to other parts

of the machine. The imported roller shaft drive is the longest

of the imported shafts and cylinders. The longest shaft

indicated in the importer\'s diagrams is a main drive shaft which

transmits power through a gear and belt system. The roller shaft

drive is classified in 8483.10.50, HTSUSA.

The roller cores (long and short), and brush core appear to

function more like axles than counter shafts. Although they are

connected to the main shaft through belts and gears, they are the

\"end use\" parts to which power is transmitted and do not

themselves transmit power to other parts of the machine. The

Explanatory Notes to Heading 8483, p. 1326, exclude axles from

classification in Heading 8483.

The idler T-belt is classifiable in Heading 8483. The

importer\'s diagrams indicate that this part presses against the

transmission belt and provides tension. The Explanatory Notes to

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Heading 8483, p. 1327 indicate that idlers which regulate

tension of drive belts are described as \"free pulleys\" classified

under Heading 8483. The idler T-belt is classified in

8483.50.80, HTSUSA.

None of the remaining imported items are classified in

Chapters 84 or 85, except for heading 8485 which includes parts

of machinery not provided for elsewhere in Chapter 84. Chapter

90 Note 2(a) excludes Heading 8485 from the headings which take

precedence over Chapter 90 headings.

Chapter 90 Note 2(b) provides that parts which are suitable

for use solely or principally with Chapter 90 apparatus are

classified as \"parts\" of such apparatus. The remaining parts are

at least suitable for use principally with the printing plate

processors to which they are ultimately attached. The parts\'

lengths, diameters, taperings and other worked features render

them ideally suitable for use with printing plate processors.

Although their use with other machines might be possible, any

such use would be a fugitive use not precluding their

classification in 9010.90.80, HTSUSA.

HOLDING:

The eccentric nut is classified in 7318.16.00, HTSUSA.

The bearing for brush drive and roller bearing are classified in

8482.80.00, HTSUSA. The roller shaft drive is classified in

8483.10.50, HTSUSA. The idler T-belt is classified in

8483.50.80. The roller cores(long and short), brush for drive

shaft, stud for roller drive gear, tie bar, stud for T-belt

idler, hub for brush drive, brush core, collar for brush shaft,

roller for upper deflector, stud for deflector roller, roller for

drive gear, stud for roller for drive gear, stud for brush arm

and stud for idler pivot are classified in 9010.90.80.

Sincerely,

John Durant, Director

Commercial Rulings Division