April 10, 2009 CBP Bulletin Notice on Classification of Certain Plate Making Apparatus

Proposed modification of rulings; proposed revocation of treatment. CBP is proposing to modify two rulings on the classification of certain plate making apparatus. Additionally, CBP proposes that this notice covers any rulings on this merchandise that may exist but have not been specifically identified. CBP is also proposing to revoke any treatment it has previously accorded to substantially identical transactions.

CBP states that any party who has received a contrary written ruling or decision on the merchandise that is subject to the proposed modifications and revocation, or any party involved with a substantially identical transaction, should advise CBP by May 10, 2009, the date that written comments on the proposed ruling are due. Furthermore, CBP states that an importer's failure to advise CBP of such rulings, decisions, or substantially identical transactions may raise issues of reasonable care on the part of the importer or its agent for importations subsequent to the effective date of the final decision in this notice.

Plate making apparatus. The merchandise in NY 898413 was identified as "The Platesetter" and was described as a fully automatic computer-to-plate ("CTP") imaging machine, used to "write" digital information which is to be printed directly onto pre-sensitized printing plates. The plates created by the Platesetter are fixed in a developer and then mounted onto the cylinder of a printing press. It was noted in NY 898413 that the plates are created by loading digital data into the Platesetter, processing the data with computer workstation and raster image processor incorporated in the unit utilizing specialized software, and using multiple laser beams to create the corresponding image onto photo-sensitive receiving plates.

The merchandise in NY R01892 was identified as the "Lotem" or "Trendsetter" products which were incorporated into the CTP systems subject to the ruling. CBP referenced NY 898413 in the description of the "Lotem" and "Trendsetter" products and in so doing, described the plate making process as involving the transfer of digital data onto photo-sensitive receiving plates by multiple laser beams.

CBP is proposing to issue HQ H032672 in order to modify NY 898413 and NY R01892 and change the factual basis and classification analysis. The plate making apparatus remains classified under HTS 8442.30.0150, as "Machinery, apparatus and equipment . . . for preparing or making plates, cylinders or other printing components . . . ; parts thereof: Machinery, apparatus and equipment . . . Other machinery, apparatus and equipment" based on new facts and analysis.

CBP proposes this change as a correction based on new factual information. Since the submission of NY R01892 and NY 898413, new facts came to the attention of CBP regarding the operation of the subject CTP products. According to additional information submissions, the lasers incorporated within the CTP products from NY R01892 and NY 898413 do not transfer digital data by emitting light onto photosensitive media. Rather, through an infrared (IR) laser beam, they transfer the data directly onto heat-sensitive aluminum plates.

Specifically, it has been clarified the composition of the coatings on the plates used with the subject equipment is such that the image is formed directly on the plate when a threshold temperature is reached. The heat-based operation eliminates the risk of over-exposure or under-exposure that can be associated with plate making machines using lasers to deliver a source of light. Likewise, the Platesetter, Lotem, and Trendsetter products can be utilized anywhere in the printing plant, as there is no need for darkrooms or safety lights, which is the case for other light-based, computer-to-film plate making systems.

Classification: 8442.30.0150, duty-free (formerly 8442.10 (2005))

April 10, 2009 CBP Bulletin (Vol. 43, No. 15) available athttp://www.cbp.gov/xp/cgov/trade/legal/bulletins_decisions/bulletins_2009/