HQ 085240: Programmable Support Device (PSD)

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 085240

                        November 8, 1989

CLA-2 CO:R:C:G 085240 AJS

CATEGORY: Classification

TARIFF NO: 8538.90.00; 8543.80.90

Ms. Christine Berghofer
Import/Export Manager
Hitachi America, Ltd.
50 Prospect Avenue
Tarrytown, N.Y.  10591-4698

RE: Programmable Support Device (PSD)

Dear Ms. Berghofer:

     Your letter of July 13, 1989, requesting the tariff
classification of the "PSE/Alpha" under the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA), has been
referred to this office for reply.

FACTS:

     The PSE/Alpha is a portable programming support device that
contains a 6800 microprocessor with a data word length of 16 bits
and a memory capacity of 16 megabits.  It is an input-output
device that edits the operator input data and sends the data to
the S10/Alpha Programmable Controller (APC).  In addition, it
displays the memory contents of the S10/APC.  It is used solely
with the S10/Alpha and operates only on fixed programs which
cannot be modified by the user.

ISSUE:

     Whether the article in question is classifiable within
subheading 8538.90.00, HTSUSA, which provides for "[p]arts
suitable for use solely or principally with the apparatus of
heading . . . 8537:  [o]ther."; or within subheading 8543.80.90,
HTSUSA, which provides for "[e]lectrical machines and apparatus,
having individual functions, not specified or included elsewhere
in this chapter: . . .  [o]ther machines and apparatus:
[o]ther."




                               -2-

LAW AND ANALYSIS:

     Classification of merchandise under the HTSUSA is governed
by the General Rules of Interpretation (GRI's).  GRI 1 provides
that classification is determined first in accordance with the
terms of the headings of the tariff and any relative section or
chapter notes.

     Heading 8538, HTSUSA, provides for parts suitable for use
solely or principally with the apparatus of heading 8537.  The
PSE/Alpha is a dedicated programming tool which is used solely
with the S10/APC.  It also operates only on a fixed program
which cannot be modified by the user.  In addition, programmable
controllers such as the S10/APC are apparatus of heading 8537.
Thus, the PSE/Alpha is classifiable within heading 8538 as a part
used solely with a programmable controller and the S10/APC in
particular.  More specifically, it is provided for within
subheading 8538.90.00, HTSUSA, as other parts used solely with
the apparatus of heading 8537.

     Heading 8543, HTSUSA, provides for electrical machines,
having individual functions and not specified or included
elsewhere.  EN 85.43 states that this heading covers all
electrical appliances and apparatus, not falling in any other
heading of this chapter.  As discussed previously, the PSE/Alpha
is used solely with a machine of heading 8537 and therefore
classifiable within heading 8538.  In other words it falls within
another heading of this chapter.  Therefore, the article in
question is excluded from coverage in heading 8543 based on the
terms of the heading itself and the ENs.

HOLDING:

     The PSE/Alpha is classifiable within subheading 8538.90.00,
HTSUSA, as a part suitable for use solely with the apparatus of
heading 8537, dutiable at 5.3 percent ad valorem.

                                      Sincerely,


                                      John Durant, Director
                                      Commercial Rulings Division