HQ 085665: Grounding device kit for computer video screens

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 085665

                        December 20, 1989


CLA-2 CO:R:C:G 085665 TLS

CATEGORY: Classification

TARIFF NO.: 8543.80.90

Mr. Mikael Juring
Scan Trade, Inc.
Bermuda Building #204
Jupiter Harbour
Jupiter, Florida  33477

RE: Grounding device kit for computer video screens

Dear Mr. Juring:

     You request a ruling on the proper classification of a
grounding device kit for computer video screens under the
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA).  Your letter to our New York office has been submitted
to this office for a reply.

FACTS:

     The grounding device kit, known in the marketplace as
"Screenguard", consists of a bottle of contact fluid, paper
napkins, and grounding wires.  The grounding wires consist of an
elastic bare copper coiled wire attached to an insulated wire
with a U-shaped terminal at one end.  Screenguard is used by
first cleaning the computer screen of dust and then attaching the
grounding wire to the outer surface of the screen.  With the
terminal connected to the grounding wire, contact fluid is
applied with a napkin to the video screen, then wiped completely
with another napkin.  This process leaves a residue on the screen
which acts as an electrolyte which conducts any of the operator's
static charges from the screen through the grounding wire to the
grounding device, where the static charge is dissipated.  This is
to prevent human exposure to any electrical shock usually
encountered when a person is in contact with electrically
conductive materials.

ISSUE:

     Under which of following HTSUSA headings does the grounding
device kit fall under:

8473, HTSUSA, covering parts and accessories (other than covers,
carrying cases and the like) suitable for use solely or
principally with machines of headings 8469 to 8472;

8543, HTSUSA, covering electrical machines and apparatus, having
individual functions, not specified or included elsewhere in this
chapter; parts thereof.

LAW AND ANALYSIS:

     The General Rules of Interpretation (GRI) govern the
classification of articles under the HTS.  GRI 1 requires that we
classify articles according to the terms of the headings and any
relative section or chapter notes.  Heading 8473 covers parts and
accessories suitable for use with machines of heading 8471.
Heading 8471 covers automatic data processing machines, with
which the grounding device kit is designed to be used.  The
grounding device is not a part of any particular data processing
machine and can be used with any computer with a video screen.
It is not sold or marketed as a part of any particular machine.
Consequently, we find the kit not to be a part as provided for
under heading 8473.  We also do not find the kit to be an
accessory as provided for under 8473.  We have additional
guidance to follow in this instance.  The Explanatory Notes (EN),
although not dispositive, should be looked to for the proper
interpretation of the HTSUSA.  See 54 Fed. Reg. 35127, 35128
(August 23, 1989).  Under EN 84.73, we find that "for the
purposes of this heading, the term 'accessories' covers only
those articles which are designed to be mounted on the machines;
it does not extend to independent accessory or ancillary machines
used in conjunction with other office machines."  The kit is
independent from any machine it might be used with because it is
developed, marketed, and sold separate from those machines,
particularly those under 8471.  It is put up for sale in the
marketplace as a product by itself.  Therefore, we do not find
the grounding device kit to be properly classifiable under
heading 8473.

     As noted above, we find the kit to be independent from any
machine with which it might be used.  Thus, it follows that the
kit functions individually from those machines.  The grounding
device kit is not specifically mentioned or included in any other
HTS heading.  Thus, it meets the description provided for under
heading 8543 and we find it to be properly classifiable under
that heading.


HOLDING:

     The grounding device kit is classified under subheading
8543.80.90, HTSUSA, as an electrical apparatus, not specified or
included elsewhere in this chapter.

                              Sincerely,




                              John Durant, Director
                              Commercial Rulings Division