HQ 082047: Microcomputer program controller

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 082047

                        December 15, 1989


CLA-2 CO:R:C:G 082047 TLS

CATEGORY: Classification

TARIFF NO.: 8537.10.00

Mr. Michael R. Smiszek
C.J. Tower, Inc.
128 Dearborn Street
Buffalo, New York  14207

RE: Microcomputer program controller

Dear Mr. Smiszek:

     You request a ruling on the proper classification of a
Model 170 microcomputer program controller under the Harmonized
Tariff Schedule of the United States Annotated (HTSUSA).  Your
letter dated March 2, 1988 has been submitted to this office for
a reply.

FACTS:

     The Model 170 microcomputer is a microprocessor based
apparatus that is comprised of plug-in printed circuit modules
running on a Motorola 6800 based stored program which provides
logic control for traffic signals or other control applications.
Operator interface is achieved by means of a front panel keyboard
and associated display indicators.

ISSUE:

     Under which of the following HTSUSA headings is the traffic
signal controller properly classifiable:

8530, HTSUSA, covering electrical signaling, safety or traffic
control equipment for railways, streetcar lines, subways, roads,
inland waterways, parking facilities, port installations or
airfields (other than those of heading 8608); parts thereof;

8537, HTSUSA, covering boards, panels (including numerical
control panels), consoles, desks, cabinets, and other bases,
equipped with two or more apparatus of heading 8535 or 8536, for
electric control or the distribution of electricity, including
those incorporating instruments or apparatus of chapter 90, other
than switching apparatus of heading 8517.


LAW AND ANALYSIS:

     The General Rules of Interpretation (GRI) govern the
classification of articles under the HTS.  GRI 1 requires us to
classify articles under the HTS according to the terms of the
headings and any relative section or chapter notes.  Heading 8530
specifically mentions traffic control equipment as an article
covered under that provision.  We understand that the Model 170
microcomputer is sold to many public transportation authorities
to be used solely as a traffic controller.  In that capacity, it
is specifically programmed to regulate the flow of automobile
traffic through city streets by controlling the timing of the
traffic lights.  It can be programmed to perform other functions
as well, however.

     It is well settled that imported merchandise must be
classified with reference to its condition as imported.  The
Carrington Co. et al. v. United States, 61 CCPA 77, C.A.D. 1126,
496 F.2d 902 (1974); Olympus Corp. of America v. United States,
72 Cust. Ct. 176, C.D. 4538 (1974).  The Model 170 is in fact
imported and marketed as a general purpose controller according
to the instruction manual provided with the apparatus.  We cannot
ignore the general programmability of microcomputer in its
imported condition.  Therefore, we cannot properly classify the
Model 170 microcomputer under heading 8530 as a traffic
controller.

     Heading 8537 covers, among other things, control apparatus.
The microcomputer is, as noted above, a general purpose
controller capable of perform various control functions.  This
article is of the kind covered under the heading.  Therefore, we
find the Model 170 microcomputer to be properly classifiable
under HTSUSA heading 8537.

HOLDING:

     The Model 170 microcomputer is classified under subheading
8537.10.00, HTSUSA, as a programmable control apparatus with
voltage not exceeding 1,000 V.

                              Sincerely,




                              John Durant, Director
                              Commercial Rulings Division