Reconsideration HQ 083189; Laser vision system; Subheading8515.31.00; ENs 85.37; H. Conf. Rep. No. 576; HQ 085281; HQ078500; Section XVI, note 2(a).

HQ 950120 May 13, 1992 CLA-2 CO:R:C:M 950120 AJS CATEGORY: Classification TARIFF NO.: 8537.10.00 Stephen J. Leahy, Esq. Leahy & Ward Attorneys at Law 63 Commercial Wharf Boston, Massachusetts 02110 RE: Reconsideration HQ 083189; Laser vision system; Subheading 8515.31.00; ENs 85.37; H. Conf. Rep. No. 576; HQ 085281; HQ 078500; Section XVI, note 2(a). Dear Mr. Leahy; This is in reply to your letter of August 7, 1991, requesting reconsideration of Headquarters ruling (HQ) 083189 (10/24/89). FACTS: In HQ 083189, Customs addressed the classification of the "Laser Vision" system (LVS) which performs welding and gluing operations. We ruled that this merchandise was properly classifiable within subheading 8537.10.00, Harmonized Tariff Schedule of the United States (HTSUS). The LVS consists of a laser vision sensor, controller (in a Nema-12 enclosure), an operator interface motion system with servo motors and slides, and a machine interface. The Nema-12 contains an IBM-AT processor, motor control amplifiers, and machine interface. The LVS uses the vision sensor to "visualize" the seams to be welded. This information is then forwarded to the controller which determines the appropriate welding operation to be performed, at the same time the servo motors are directed to move the actual welding apparatus to perform the welding operation. ISSUE: Whether the LVS is classifiable within subheading 8515.31.00, HTSUS, which provides for fully or partly automatic machines and apparatus for arc welding of metal; or classifiable -2- within subheading 8537.10.00, HTSUS, which provides for "[b]oards, panels . . . and other bases, equipped with two or more apparatus of heading 8535 or 8536, for electric control or the distribution of electricity, including those incorporating instruments or apparatus of chapter 90 . . ." LAW AND ANALYSIS: Heading 8515, HTSUS, provides for arc welding machines or apparatus. It is claimed that the LVS satisfies the terms of this heading. While the LVS contains components which may be used to control a welding operation, it does not contain the actual welding machine or apparatus. This type of article does not satisfy the description of a welding machine or apparatus. Accordingly, the LVS is not properly classifiable as a welding apparatus within heading 8515, HTSUS. This conclusion is supported by our decision reached in HQ 078500 (6/16/88), which addressed the classification of a micro- processor-based welding control apparatus. HQ 078500 discussed the predecessor provisions of both heading 8515 (i.e., item 683.90) and heading 8537 (i.e., item 685.90) under the Tariff Schedules of the United States (TSUS). The control apparatus in that case was similar to the LVS in that it accepted input infor- mation, and used a microprocessor to generate output information to control a welding machine. We ruled that this type of device is classifiable as a control panel and not as welding apparatus. Congress has indicated that earlier tariff decisions must not be disregarded in applying the HTSUS. The conference report to the 1988 Omnibus Trade Bill states that "on a case-by-case basis prior decisions should be considered instructive in interpreting the HTS[US], particularly where the nomenclature previously interpreted in those decisions remains unchanged and no dissimilar interpretation is required by the text of the HTS[US]." H. Conf. Rep. No. 576, 100th Cong., 2d Sess., p. 550, reprinted in 1988 U.S. CODE CONG. & ADMIN. NEWS p. 1582. The use of HQ 078500 as instructive precedent is appropriate in this case. The tariff provisions previously interpreted are similar, and the same interpretation is also required by the HTSUS. Heading 8537, HTSUS, provides for boards, panels and other bases for electric control or the distribution of electricity, including those incorporating instruments and apparatus of chapter 90. The Harmonized Commodity Description and Coding System Explanatory Notes (ENs) state that the goods of this heading cover complex control panels for machine tools. ENs 85.37, p. 1391 (1992). In addition, this heading covers numerical control panels with built-in automatic data processing (ADP) machines, which are generally used to control machine tools. ENs 85.37. The LVS satisfies these descriptions. It is a complex control device with a built in ADP machine and -3- instruments of chapter 90 (i.e., camera and laser sensor) used to control a welding machine or apparatus. While the ENs are not dispositive, they provide a commentary on the scope of each heading and offer guidance for interpretation of the HTSUS. H. Conf. Rep. No. 576, p. 549. Accordingly, we consider the above ENs instructive for determining that the LVS satisfies the terms of heading 8537, HTSUS. More specifically, the LVS is described within subheading 8537.10.00, HTSUS, which provides for boards, panels and other bases for the electric control or the distribu- tion of electricity and for a voltage not exceeding 1,000 V. In HQ 085281 (11/8/89), Customs discussed the classification of the Optimizer system (OS). The OS used a scanner to measure logs, a process control then used this information to make the necessary calculations to instruct a saw to properly cut logs. We ruled that this type of merchandise was also classifiable within subheading 8537.10.00, HTSUS. This system is similar to the LVS in that they both use a sensor to gather information which is processed and then used to control the operation of another device (i.e., welding apparatus or saw). Therefore, we consider this decision instructive for also classifying the LVS within subheading 8537.10.00, HTSUS. It is also contended that the components of the LVS are alternatively classifiable as parts of welding apparatus. Parts which are goods included in any of the headings of chapters 84 and 85 are in all cases to be classified in their respective headings. Section XVI, note 2(a). As discussed previously, the LVS satisfies the terms of heading 8537, HTSUS. Accordingly, the LVS components are precluded from classification as parts of welding apparatus pursuant to the above legal note. HOLDING: The Laser Vision System is classifiable within subheading 8537.10.00, HTSUS, which provides for boards and other bases for electric control or the distribution of electricity, for a voltage not exceeding 1,000 V. HQ 083189 is affirmed. Sincerely, John Durant, Director Commercial Rulings Division