Grounding device kit for computer video screens

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