Video Editor; GRI 1; EN 85.43; EN 84.79; individual function; 084703; heading 9010; EN 90.10

HQ 950062 October 30, 1991 CLA-2 CO:R:C:M 950062 KCC CATEGORY: Classification TARIFF NO.: 8543.80.90 Mr. Philip Kwok NNR Aircargo Service (USA) Inc. Hook Creek Blvd. & 145th Ave. Unit B-3 East Valley Stream, New York 11581 RE: Video Editor; GRI 1; EN 85.43; EN 84.79; individual function; 084703; heading 9010; EN 90.10 Dear Mr. Kwok: This is in response to your letter dated July 15, 1991, to Customs in New York, on behalf of Tamron Industries Inc., regarding the tariff classification of Fotovix Video Editor II under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). Your letter was forwarded to this office for a reply. FACTS: The Fotovix Video Editor II is used for video image editing. It has a "Preset Frame Mode" that allows a choice of frame sizes, a "Free Frame Mode" that allows freedom in framing at any part of the image with any aspect ratio, using two joy-sticks knobs, a "Masking Mode" that allows masking areas inside or outside the frame, a "Pointer" that allows highlighting of a specific part of the image on the screen, and a "Fade Mode" that allows fade-in and fade-out effects as desired. ISSUE: What is the proper tariff classification of the Fotovix Video Editor II under the HTSUSA? LAW AND ANALYSIS: The classification of merchandise under the HTSUSA is governed by the General Rules of Interpretation (GRI's). GRI 1, HTSUSA, states in part that "for legal purposes, classification shall be determined according to the terms of headings and any relative section or chapter notes...." The competing headings in this case are headings 8543 and 9010, HTSUSA. The headings describe: 8543 Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter; parts thereof... 8543.80.90 Other machines and apparatus...Other * * * * * * * * * * * * 9010 Apparatus and equipment for photographic (including cinematographic) laboratories (including apparatus for the projection of circuit patterns on sensitized semiconductor materials), not specified or included elsewhere in this chapter; negatoscopes; projection screens; parts and accessories thereof... 9010.20.60 Other apparatus and equipment for photographic (including cinematographic) laboratories; negatoscopes...Other Heading 8543, HTSUSA, provides for electrical machines and apparatus which possess an individual function and which are not included elsewhere in this chapter. Explanatory Note 85.43 (EN) of the Harmonized Commodity Description and Coding System (HCDCS), states that "[t]his heading covers all electrical appliances and apparatus, not falling in any other heading of the 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." HCDCS, EN 85.43, Vol. 4, p. 1401. The Explanatory Notes, although not dispositive, are to be looked to for proper interpretation of the HTSUSA. 54 Fed. Reg. 35127, 35128 (August 23, 1989). These components are electrical apparatus which do not fall within any other provision nor are they excluded by any legal note. EN 85.43 also states that "[t]he electrical appliances and apparatus of this heading must have individual functions." Individual function is defined in Explanatory Note 84.79. Section (a) to EN 84.79 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." HCDCS, EN 84.79, Vol. 3, p. 1314. We have previously held in Headquarters Ruling Letter (HRL) 084703 dated September 13, 1989, that a video special effect unit capable of video editing and creating special effects on video images such as enlarging, reducing or applying the images to spheres and cylinders was classified under subheading 8543.80.90, HTSUSA. The Fotovix Video Editor II is similar to the video special effect unit in HRL 084703. The Fotovix Video Editor II is an electrical machine that possesses an individual function. The Fotovix Video Editor II is a device whose function is performed distinctly from and independently of any other machines. It is a self contained unit where the commands are given to edit a video image and the actual video image is edited. This device operates in connection with a monitor which is used to view the video image. However, the Fotovix Video Editor II operates individually from the monitor. Therefore, it is classifiable under subheading 8543.80.90, HTSUSA, which provides for electrical machines possessing an individual function. Heading 9010, HTSUSA, provides for equipment for photographic laboratories, projection screens, and negatoscopes. This heading includes such items as negatoscopes, machines used in photographic and cinematographic laboratories to develop film, dry film, printing film, cut film, retouch negatives, etc. HCDCS, EN 90.10, Vol. 4, p. 1473, 1474. The Fotovix Video Editor II does not satisfy the terms of this heading as it is not for use in photographic laboratories, rather it is used for editing video images. Accordingly, the Fotovix Video Editor II is not properly classifiable within this heading. HOLDING: The Fotovix Video Editor II is properly classified under subheading 8543.80.90, HTSUSA, which provides for "Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter; parts thereof...Other machines and apparatus...Other." Sincerely, John Durant, Director Commercial Rulings Division