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HQ 086394


April 16, 1990

CLA-2 CO:R:C:G 086394 JMH

CATEGORY: CLASSIFICATION

TARIFF NO.: 8421.99.00

Ms. Donna Wyzykowski
The Buffalo Customhouse Brokerage Co., Inc. Peace Bridge Plaza Warehouse
Buffalo, New York 14213

RE: Tri-Packs filter column packing

Dear Ms. Wyzykowski:

Your January 2, 1990, request for a classification ruling under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) for the "Tri-Pack Material", on behalf of Fabricated Plastics, Ltd., was referred to this office for a reply.

FACTS:

The articles in question are the "Tri-Packs" mass transfer column packings (Tri-Packs), to be imported from Canada. Tri- Packs are hollow, spherical column packing. They are constructed of a network or ribs, struts and drip rods in a geometric pattern. The plastic Tri-Packs come in three sizes: one inch, two inches, and four inches.

As packing, the Tri-Packs are placed within a column. The liquid or gas to be filtered is then sent through the column and the Tri-Packs packing operates to detain any contaminants from the liquid or gas. You state that the special design of the Tri- Packs has created an extremely efficient method of filtering both liquids and gases.

ISSUE:

Whether the Tri-Packs are filtering apparatus or parts of filtering apparatus within heading 8421, 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 the headings and any relative section or chapter notes and...according to the following provisions..."

The applicable heading in this instance is heading 8421, HTSUSA, which describes "Centrifuges, including centrifugal dryers; filtering or purifying machinery and apparatus for liquids and gases; parts thereof..." There are three possible subheading classifications within heading 8421. These three subheadings describe:

8421.21.00 Filtering or purifying machinery and apparatus for liquids...

8421.39.00 Filtering or purifying machinery and apparatus for gases..Other...

8421.99.00 Parts...Other...

GRI 6, HTSUSA, one of the "following provisions" mentioned in GRI 1, requires that GRI 1 through GRI 5, HTSUSA, be utilized for subheadings as they would for headings. Therefore, under GRI 1 the Tri-Packs must meet the terms of the subheadings.

For classification within subheadings 8421.21.00 or 8421.39.00, the Tri-Packs must be "machinery or apparatus." Chapter 84, HTSUSA, is within Section XVI, HTSUSA, making the Section XVI notes applicable to this classification. Section XVI, Note 5, HTSUSA defines "machine" as "any machine, machinery, plant, equipment, apparatus or appliance cited in the headings of chapter 84 or 85." This note indicates that the term "apparatus" means a working unit, an article which is able to complete its purpose by itself.

The Tri-Packs fit within a column as column packing. Without the column, the Tri-Packs cannot perform their filtering function. It is the opinion of this office that the Tri-Packs are not filtering apparatus, but are parts of filtering apparatus. Therefore, the appropriate classification is within subheading 8421.99.00, as "...filtering or purifying machinery and apparatus, for liquids or gases; parts thereof...Parts... Other..."

HOLDING:

The term "apparatus" means a working unit, an article which is able to complete its purpose by itself. The Tri-Packs must be used with a filtering column. Therefore, they are not "apparatus" since they cannot perform their filtering function alone.

The Tri-Packs are parts of filtering apparatus. The appropriate classification is within subheading 8421.99.00, as "...filtering or purifying machinery and apparatus, for liquids or gases; parts thereof...Parts... Other..."

Sincerely,

John Durant, Director
Commercial Rulings Division

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