HQ 954440: Pro-face Graphic Control Panel; part suitable for use solely or principally; programmable controller; 8543.80.90; EN 85.43

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 954440 

                       September 22, 1993

CLA-2 CO:R:C:M 954440 KCC

CATEGORY:  Classification

TARIFF NO.:  8538.90.00

Mr. Michael B. Marogil
NNR Aircargo Service (USA) Inc.
765 Dillon Drive
Wood Dale, Illinois  60191-1272

RE:  Pro-face Graphic Control Panel; part suitable for use solely
     or principally; programmable controller; 8543.80.90; EN
     85.43 

Dear Mr. Marogil:

     This is in response to your letter dated June 7, 1993, to
Customs in New York, regarding the tariff classification of the
Pro-face Graphic Control Panel under the Harmonized Tariff
Schedule of the United States (HTSUS).  Your letter was referred
to this office for a response.

FACTS:

     The article under consideration is the Pro-face Graphic
Control Panel, Model No. GP511 ("Control Panel").  The Control
Panel is described as a compact touch control unit incorporating
an active-matrix color display measuring 10.4 diagonally.  The
Control Panel is principally designed for industrial use.  It
features parallel and serial quick connect interface options for
connecting to a programmable controller or intelligent host.  

     The Control Panel allows the operator to design customs
screens.  Standard industrial symbols and base screens can be
selected from a library and used "as is" or customized for
specific applications.  Screens and graphics are stored on a
self-contained, pocket sized memory card.  A standard XT or AT
keyboard is required when using the built-in graphics editor.

     The competing headings are:

8538.90.00     Parts suitable for use solely or principally with
               the apparatus of heading 8535, 8536 or
               8537...Other....




8543.80.90     Electrical machines and apparatus, having
               individual functions, not specified or included
               elsewhere in this chapter; parts thereof...Other
               machines and apparatus...Other....

ISSUE:

     Is the Pro-face Graphic Control Panel classified under
subheading 8538.90.00, HTSUS, as a part suitable for use solely
or principally with the apparatus of heading 8537, or under
subheading 8543.80.90, HTSUS, as an electrical machines, having
individual functions and not specified or included elsewhere? 

LAW AND ANALYSIS:

     The classification of merchandise under the HTSUS is
governed by the General Rules of Interpretation (GRI's).  GRI 1,
HTSUS, states in part that "for legal purposes, classification
shall be determined according to the terms of the headings and
any relative section or chapter notes...." 

     Heading 8538, HTSUS, provides for parts suitable for use
solely or principally with the apparatus of heading 8535, 8536 or
8537.  The Control Panel is a dedicated programming tool which is
used principally with industrial programmable control equipment. 
Programmable controllers are apparatus of heading 8537.  Thus,
the Control Panel is classifiable within heading 8538 as a part
used solely or principally with a programmable controller.  More
specifically, it is provided for under subheading 8538.90.00,
HTSUS, as other parts used solely with the apparatus of heading
8537.

     Heading 8543, HTSUS, provides for electrical machines,
having individual functions and not specified or included
elsewhere.  Explanatory Note (EN) 85.43 of the Harmonized
Commodity Description and Coding System (HCDCS) (pg. 1402),
states that this heading covers all electrical appliances and
apparatus, not falling in any other heading of this chapter.  The
ENs, although not dispositive, are to be looked to for the proper
interpretation of the HTSUS.  54 Fed. Reg. 35127, 35128 (Aug. 23,
1989).

     The Control Panel is used solely or principally with a
programmable controller of heading 8537, HTSUS, therefore, it is
classifiable under heading 8538, HTSUS.  In other words, it falls
within another heading of this chapter.  Therefore, the article
is excluded from classification within heading 8543, HTSUS, based
on the terms of the heading and the ENs.


HOLDING:

     The Pro-face Graphic Control Panel is classified under
subheading 8538.90.00, HTSUS, which provides for parts suitable
for use solely or principally with the apparatus of heading 8537. 
This tariff provision is dutiable at the Column 1 rate of 5.3
percent ad valorem.

                                   Sincerely,



                                   John Durant, Director
                                   Commercial Rulings Division