HQ 084703: Video special effect unit (SYX124 system) from Japan

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 084703

	September 13, 1989

 CLA2 CO:R:C:G 084703 AJS

 CATEGORY:  Classification

 TARIFF NO: 8537.10.00; 8543.80.90

 Mr. Sal Della Ventura
 Manager
 Classification and Compliance
 Sony Corporation of America
 Sony Drive
 Park Ridge, New Jersey 07656

 RE: Video special effect unit (SYX124 system) from Japan

 Mr. Ventura:

 	Your letter of May 3, 1989, on behalf of the Sony Corporation of America, requesting a tariff classification under  the Harmonized Tariff Schedule of the United States Annotated
 (HTSUSA) has been referred to this office for reply.

 FACTS:

 	The article in question is the SYX124, which is designed to  be used in broadcast stations or production houses.  The SYX124  performs video editing and creates special effects on video  images such as enlarging, reducing, or applying the images to
 spheres and cylinders.

 	The SYX124 is imported with three components.  The first is  the processor, which is the main unit where the image  manipulation takes place.  The processor incorporates a portion
 of a Sony SMC3000G computer which is removed from its own  cabinet and placed into a metal housing. In sum, the processor  is a composite of electronic printed circuit boards in a metal  box.

 	The second component is the interface unit.  It also  incorporates a portion of the Sony SMC3000G which has been  removed from its original cabinet and incorporated into the unit.
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 The interface unit functions by allowing the transfer of commands originating in the control panel to be sent through it to the  processor.

 	The third component is the control panel.  It operates the  video image and consists mainly of controls and switches.

 	All three of the above components are used in conjunction  with a video monitor (PVM1320), which in this case will not be  incorporated into the SYX124 upon importation.

 ISSUE:

 	Whether video special effects units previously classified in  item 685.08, TSUS (no new corresponding HTSUSA number), as  television apparatus are properly classifiable 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  . . . parts . . . [o]ther machines and  apparatus . . .  [o]ther."; or are they properly classifiable
 within subheading 8529.90.10, HTSUSA, which provides for "[p]arts  suitable for use solely or principally with the apparatus of  headings 8525 to 8528 . . . [o]ther . . . [o]f television
 apparatus . . . [o]ther."

 LAW AND ANALYSIS:

 	Classification 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.

 	The articles in question were previously classified in item  685.08, TSUS, as television apparatus.  However, a similar  provision was not reenacted in the HTSUSA.  Heading 8529 is
 somewhat similar because it does provide for television  apparatus, but its scope is limited to only parts which must also  be solely or principally used with the apparatus of heading 8525
 to 8528.  However, these c omponents are not parts of any of the  apparatus of these headings.

 	Heading 8525 provides for "[t]ransmission apparatus for  radiotelephony, radiotelegraphy, radiobroadcasting or television  . . . "  These components do not transmit video signals so  they cannot be considered transmission apparatus.

 	Heading 8526 provides for "[r]adar apparatus, radio navigational aid apparatus and radio remote control apparatus . . . "
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 These components also do not fit within this heading because  they are not used with radar or radio apparatus. 
 
Heading 8527 provides for “[r]eception apparatus for  radiotelephony, radiotelegraphy or radiobroadcasting, . . . ."   These components do not receive a radio signal so they cannot be
 considered radio reception apparatus.

 	Heading 8528 provides for "[t]elevision receivers (including video monitors and video projection television receivers), . . ."   These components do not receive a television signal, and
 eventhough they do work in conjunction with a video monitor they  could not be considered as a part of this type of apparatus.

 	Heading 8543 provides for electrical machines and apparatus  which possess an individual function and which are not included  elsewhere in this chapter.  The Explanatory Notes to this heading  state, "[t]his heading covers all electrical appliances and  apparatus, not falling in any other heading of this Chapter, nor  covered more specifically by a heading of any other Chapter of  the Nomenclature, nor excluded by the operation of a Legal Note  to Section XVI or this Chapter."  These components are electrical  apparatus which do not fall within any other provisions nor are  they excluded by any legal note.

 	The Explanatory Notes also state that "[t]he electrical  appliances and apparatus of this heading must have individual  functions."  Individual function is defined in the Explanatory
 Notes to heading  8479.  Section (A) states that the following  have an individual function: "[m]echanical devices, with or  without motors or other driving force, whose function can be
 performed distinctly from and independently of any other machine  or appliance."  The SYX124 is a device whose function is  performed distinctly from and independently of any other  appliance.  The processor is where the video image is edited and  the interface unit acts as a transfer station for commands sent  from the control panel to the processor.  These functions are  distinct and independent from the operation of the monitor which  is used to view the video image.

 	In conclusion, the three components of SYX124 system  are electrical machines that possess an individual function.   They are devices whose function is performed distinctly from and  independently of any other machines.  Therefore, they are  classifiable under heading 8543.

 HOLDING:

 	The components of the SYX124 system are properly  classifiable within subheading 8543.80.90, HTSUSA, which provides

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 for electrical machines possessing an individual function,  properly dutiable at the rate of 3.9 percent ad valorem.

                          				Sincerely,

                          				John Durant, Director
                          				Commercial Rulings Division