HQ 083123: Parts for Printing Plate Processors

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 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;

                               -2-

          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

                               -3-

          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
                               -4-

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
                               -5-

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).

                               -6-

     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

                               -7-

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

                               -8-

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