HQ 078500: Classification of programmable control apparatus for resistance welding machines

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                      HQ 078500

                                    June 16, 1988

          CLA-2 CO:R:C:G:  078500 MR

          CATEGORY:  Classification

          TARIFF NO.  685.90


          District Director of Customs
          U.S.Customs Service
          Detroit, Michigan

          Re:  Classification of programmable control apparatus for
               resistance welding machines

          Dear Sir:

                This is our decision on Application for Further Review of
          Protest No. 3801-6-000105, dated January 23, 1986, contesting
          your classification of certain welding control apparatus from
          Canada.  At issue is Entry Number 85904578, dated October 22,
          1984.  Liquidation took place September 27, 1985.

          FACTS:

                The article at issue, designated as the Medar Legend
          Resistance Weld Control (Medar Weld Control), is programmable
          control apparatus designed for use with resistance welding
          machines.  The Medar Weld Control is microprocessor-based,
          accepts input, and generates appropriate output which facilitates
          control of welding machines.

                The merchandise was entered under item 683.90, Tariff
          Schedules of the United States (TSUS), which provides for
          "Welding machines and apparatus, and parts thereof."  Liquidation
          was under item 685.90, TSUS, which provides for, inter alia,
          control panels and parts thereof.

          ISSUE:

                Whether the Medar Weld Control is properly classifiable as
          parts of welding machines, in item 683.90, TSUS, or in item
          685.90, TSUS, which provides for control panels and parts
          thereof.

















                                        - 2 -


          LAW & ANALYSIS:

                The importer/protestant has submitted that the merchandise
          at issue is not general purpose control apparatus, but is
          designed to be dedicated only for use in conjunction with
          resistance welding machines, and is considered to be a principal
          element of a welding machine.  It is stated that this is
          evidenced by the inclusion in the Medar Weld Control apparatus of
          such devices as water fittings, hoses, and water cooled
          components which are not usually found in general purpose
          industrial controls.  Moreover, the resistance welding machine
          cannot function without the subject control apparatus.
          Consequently, it is submitted, the subject articles are "more
          than" merchandise described in item 685.90, TSUS, and are more
          properly classifiable as parts of welding apparatus, in item
          683.90, TSUS.

                Pursuant to General Headnote 10(ij), TSUS, a tariff
          provision "for 'parts' covers a product solely or chiefly used as
          a part of such articles but does not prevail over a specific
          provision for such part."  As the importer/protestant has
          submitted, the subject units are specifically designed for use in
          a welding machine, thereby coming under the first portion of
          General Headnote 10(ij), TSUS.  However, the dedication and
          limited application of the Medar Weld Control does not diminish,
          change, or significantly expand its essential use, which is to
          permit electrical control of a welding machine.  Indeed, the
          "control panels" provided for in item 685.90, TSUS, are very
          often restricted in their application or use.

                Likewise, the fact that the Medar Weld Control is
          microprocessor-based does not remove it from the realm of tariff
          classification pursuant to its control function, which serves to
          define the merchandise.  In our view, data processing
          technologies are merely used as the "means" for the subject
          article to properly perform its function.

                In Headquarters Ruling (HQ) 071823 (March 20, 1985), it was
          determined that the proper classification of an early generation
          microprocessor-based programmable controller was in item 685.90,
          TSUS.  This ruling cited HQ 071563 (March 7, 1985), which also
          concerned a microprocessor-based programmable controller, and
          determined the proper classification to be in item 685.90, TSUS.


















                                        - 3 -


                While not dispositive, the Explanatory Notes to the
          Brussels Tariff Nomenclature provide guidance concerning the term
          "control panels."  Specifically, Section XVI, Chapter 85.19
          provides, in pertinent part:

                      These consist of an assembly of apparatus of the kind
                      referred to above (e.g., switches, fuses and
                      rheostats) on a board, panel, framework, etc. or
                      mounted in a cabinet, desk, etc.  They usually also
                      incorporate meters, and sometimes also subsidiary
                      apparatus such as transformers, valves, or voltage
                      regulators or luminous circuit diagrams.  They are
                      classified here provided their essential use is for
                      electrical control purposes (i.e., provided that they
                      do not incorporate any substantial proportion of the
                      operating part of the machine or installation
                      controlled).

                We conclude that although the data processing technology,
          and the dedicated design of some of the components, present a
          certain sophistication to the Medar Weld Control, they do not
          contribute to a function which is inconsistent with its essential
          use, which is for electrical control purposes.  Accordingly, it
          is properly classifiable in item 685.90, TSUS.

          HOLDING:

                The subject Medar Weld Control is properly classifiable in
          item 685.90, TSUS, which provides for control panels and parts
          thereof.

                The protest should be denied.  A copy of this decision
          should be attached to the Form 19 Notice of Action to satisfy the
          notice requirements of section 174.30(a), Customs Regulations.





                                              John Durant, Director
                                              Commercial Rulings Division