Translation stages; headings 8482, 8501, 9011, 9031; chapter 90, note 2; EN 90.31; test benches
Active· CBP ruling HQ 958015· Issued 1995-06-28
Ruling text
HQ 958015
June 28, 1995
CLA-2 R:C:M 958015 LTO
CATEGORY: Classification
TARIFF NO.: 9031.90.60
Ms. Rosemary Reyes
Expeditors International
c/o Newport Klingler Corporation
1791 Deere Avenue
Irvine, California 92714
RE: Translation stages; headings 8482, 8501, 9011, 9031; chapter
90, note 2; EN 90.31; test benches
Dear Ms. Reyes:
This is in response to your letter of February 2, 1995, to
Customs in New York, requesting the classification of various
translation stages under the Harmonized Tariff Schedule of the
United States (HTSUS). Your letter was referred to this office
for a response.
FACTS:
The subject articles are translation stages, which are used
as positioning devices. The various models under consideration
are as follows: Precision Steel Translation Stages (UMR8.51);
Motorized Short-Travel Translation Stages (UTS20CC1); High-
resolution Annular Rotation Stages (RTN120); Goniometric cradles
(UBG50); and Single-Axis Tilt Platforms (TGN160). Generally,
translation stages are designed to produce motion in a straight
line and to provide a surface for mounting other components.
However, the Annular Rotation Stages produce motion in a circular
manner, the Goniometric cradles in a pendulum-type motion and the
Tilt Platforms in an angular motion.
The translation stages are mounted onto test benches, which,
in this instance, are used in optical testing, calibration,
measuring and sometimes manufacturing applications (i.e.,
grinding by a lathe). You stated that Newport Klingler's
translation stages are "generic" positioning devices used by
customers to fit any application. Further, while they can be
used with microscopes, they are not specifically designed for
this purpose. - 2 -
ISSUE:
Whether the translation stages are classifiable as
accessories of other optical instruments and appliances, other
than test benches, under subheading 9031.90.55, HTSUS, or as
other accessories of measuring or checking instruments and
appliances under subheading 9031.90.60, HTSUS.
LAW AND ANALYSIS:
The General Rules of Interpretation (GRI's) to the HTSUS
govern the classification of goods in the tariff schedule. GRI 1
states, in pertinent part, that "for legal purposes,
classification shall be determined according to the terms of the
headings and any relative section or chapter notes . . . ."
The Harmonized Commodity Description and Coding System
Explanatory Notes (ENs) constitute the Customs Co-operation
Council's official interpretation of the Harmonized System.
While not legally binding, and therefore not dispositive, the ENs
provide a commentary on the scope of each heading of the
Harmonized System, and are generally indicative of the proper
interpretation of these headings. See T.D. 89-80, 54 Fed. Reg.
35127, 35128 (August 23, 1989).
You contend that the translation stages are classifiable as
other accessories of measuring or checking instruments and
appliances under subheading 9031.90.60, HTSUS. Note 2(a) to
chapter 90, HTSUS, provides that "[p]arts and accessories which
are goods included in any of the headings of this chapter or of
chapter 84, 85 or 91 . . . are in all cases to be classified in
their respective headings." After considering the classification
of the translation stages under headings 8482 (linear bearings)
and 8501 (electric motors), HTSUS, we are of the opinion that
they are not "goods included" in any chapter 84, 85, 90 or 91
heading. Accordingly, it is necessary to resort to note 2(b) to
chapter 90, HTSUS, which provides as follows:
Other parts and accessories, if suitable for use
solely or principally with a particular kind of
machine, instrument or apparatus, or with a number
of machines, instruments or apparatus of the same
heading (including a machine, instrument or apparatus
of heading . . . 9031) are to be classified with the
machines, instruments or apparatus of that kind.
EN 90.31, pg. 1529, states that heading 9031, HTSUS, covers
"[t]est benches for engines and motors, electrical generators,
pumps, speed indicators or tachometers, etc., consisting of a
frame and a measuring or calibrating instrument (emphasis in
original)." Test benches are classified under subheading
9031.20.00, HTSUS. Parts and accessories of test benches are - 3 -
classified under subheading 9031.90.60, HTSUS, while parts and
accessories of other optical instruments and appliances, other
than test benches, are classified under subheading 9031.90.55,
HTSUS.
You have stated that the translation stages are principally
used with the test benches of subheading 9031.20.00, HTSUS, which
includes measuring or checking test benches of all kinds. Based
on this representation, the translation stages are classifiable
as accessories under subheading 9031.90.60, HTSUS. Finally,
because the translation stages are principally used with the test
benches of heading 9031, HTSUS, they cannot be classified as
accessories of microscopes under heading 9011, HTSUS.
HOLDING:
The translation stages are classifiable under subheading
9031.90.60, HTSUS, which provides for other accessories of
measuring or checking instruments and appliances. The
corresponding rate of duty for articles of this subheading is
4.3% ad valorem.
Sincerely,
John Durant, Director
Commercial Rulings Division
Source: rulings.cbp.gov — ruling 958015, retrieved 2026-10-12T05:30:27Z, republished verbatim. This digest is informational; only CBP issues binding rulings.