HQ 086735

January 25, 1991

CLA-2 CO:R:C:M 086735 CMS

CATEGORY: Classification

TARIFF NO.: 9017.20.80
8442.40.00
8471.92.90

Mr. Vernon D. Kurz
Import Manager
E.I. Du Pont De Nemours & Company
Concord Plaza, Read Bldg.
Wilmington, DE 19898

RE: Lintronic 300R And 500R Laser Recorders; Drawing Machines
And Instruments; Phototypesetting; Automatic Data Processing
Output

Dear Mr. Kurz,

This responds to your request dated January 25, 1990, for a
classification ruling on certain laser recorders. Our ruling
follows.

FACTS:

The merchandise consists of the Lintronic 300R and 500R
laser recorders. The recorders are used in phototypesetting,
graphics, CAD (computer aided design) and CAM (computer aided
manufacturing) applications. The recorders plot images by
projecting a helium-neon laser beam onto photosensitive film,
paper and foil in a raster scan format. The 300R has a
resolution of up to 1,000 lines/cm. The 500R has a resolution of
up to 666 lines/cm. The recorders can plot images which were
created on personal computers. The high resolution laser
recorders, which plot with beams of light on photosensitive
surfaces, are also referred to as photoplotters.

ISSUE:

Are the laser recorders classified as drawing instruments
in Heading 9017, as phototypesetting machines or parts in Heading
8442, or as output units for data processing machines in Heading
8471?


-2-


LAW AND ANALYSIS:

Heading 9017 in part describes drawing instruments. The
Explanatory Notes to Heading 9017, p. 1486, provide that the
heading covers drawing instruments, including "...drafting
machines incorporating automatic data processing machines or
working in conjunction with such machines."

Heading 8442 in part describes machinery for typesetting.
The Explanatory Notes to Heading 8442, p. 1236, provide that the
heading covers composing machines using a laser beam projected
onto photographic film.

Heading 8471 in part describes units of automatic data
processing machines. Subheading 8471.92 describes input and
output units.

The merchandise is not classified in Heading 8471 even
assuming, arguendo, that it is described in Heading 8471 as
output units. Chapter 84 Note 5, last paragraph, provides that
"Heading 8471 does not cover machines incorporating or working in
conjunction with an automatic data processing machine and
performing a specific function. Such machines are classified in
the headings appropriate to their respective functions or,
failing that, in residual headings."

The laser recorders perform the specific function of high
resolution plotting or drawing with beams of light onto
photosensitive surfaces, specifically in phototypesetting,
graphics, CAD and CAM applications.

Heading 9017 covers drawing instruments which work in
conjunction with automatic data processing machines. For
example, The Explanatory Notes to Heading 9017, p. 1486, provide
that drafting machines are a type of drawing machine, and that
the heading covers drafting machines which work in conjunction
with automatic data processing machines. Further, the Compendium
of Classification Opinions No. 9017.10/1 specifically provides
that certain CAD systems are classified in subheading 9017.10,
HTS.

The Lintronic product literature states that the recorders
are used in CAD and CAM applications. Apparatus such as
photoplotters, which include varieties that plot with a laser
beam such as the Lintronic, are considered to be necessary
equipment for drawing technical artwork in some CAD and
-3-

manufacturing applications. Raymond H. Clark, Handbook of
Printed Circuit Manufacturing, (1975), p. 17, provides:


Equipment Necessary for CAD

Computer aided design for printed circuit artwork
requires a number of special pieces of equipment.
The first of these is the device that actually
draws the finished artwork, the photoplotter.
(emphasis added)


Heading 9017 drawing instruments which work in conjunction
with automatic data processing machines are not limited to CAD
apparatus. The Explanatory Note language refers in general to
drafting machines which work in conjunction with data processing
machines. (A proposal which would have limited the Explanatory
Note language to CAD systems was submitted at the 6th Session of
the Interim Harmonized System Committee, Joint Working Party, but
was rejected in favor of the more general language which is
currently embodied in the Explanatory Notes. See CCC Document
32.055 E, IHSC (November 23, 1984)).

Heading 9017 drawing instruments are also not limited to
drafting machines. The drawing instruments described in the
Explanatory Notes to Heading 9017, pp. 1485-1486, are used in a
number of drawing applications, including for reproductions of
maps, plans, and parts to be machined, for mathematical drawings,
and for engineering applications. The heading should similarly
cover drawing instruments for computer graphics. (The graphics
arts tools which the Explanatory Notes to Heading 9017, p. 1485,
provide are not classified in Heading 9017 (e.g., chisels,
gouges, etching needles) are actual tools which are provided for
elsewhere in the HTSUSA; they are not computer aided drawing
instruments such as the merchandise under consideration).

The Lintronic 300 and Lintronic 500 are described by Heading
9017 as drawing instruments.

The products are also used for typesetting. However,
typesetting is only one of several of the machines' applications.
The product literature describes the machines as "Laser
Technologie for Phototypesetting, Graphics and CAD/CAM Output."
The product literature also provides:

With their laser technology and recording precision,
the Lintronic 300R and Lintronic 500R - the recorder
modules of the imagesetters Lintronic 300/500 - will
have a much wider market than the traditional printing
industry...
-4-

It has not been demonstrated that the principal use of the
machines is typesetting. Further, the recorders do not compose,
and perform only part of the phototypesetting process. If the
machines were classifiable in Heading 8442, they would likely be
classified as parts. Pursuant to Additional U.S. Rule of
Interpretation 1(c), the machines would be classified in Heading
9017 which is a specific provision for drawing instruments, and
not as parts in Heading 8442.

From the information provided, we find that the principal
use of the machines is described by Heading 9017 which covers
drawing machines, including those which work in conjunction with
automatic data processing machines.

HOLDING:

The Lintronic 300R and Lintronic 500R laser recorders are
classified as drawing instruments in 9017.20.80, HTSUSA.

Sincerely,


John Durant, Director
Commercial Rulings Division