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HQ 086539


June 22, 1990

CLA-2 CO:R:C:G 086539 CMS

CATEGORY: CLASSIFICATION

TARIFF NO.: 7326.90.90, 7419.99.50
7508.00.50, 7616.90.00

District Director Of Customs
111 W. West Huron St.
Buffalo, NY 14202

RE: Rupture Discs and Safety Head Components

Dear Sir,

This responds to your Request for Internal Advice No. 76/89, CLA-1-0:COD:GB, dated December 20, 1989, regarding the classification of certain rupture discs and safety heads.

FACTS:

The merchandise consists of rupture discs, vacuum supports and safety head inlet and outlet casings. Rupture discs are thin metal diaphragms which burst when subjected to a predetermined amount of pressure. The vacuum supports are metal articles which hold prebulged rupture discs against vacuum or reverse pressure. The inlet and outlet safety head casings are metal articles which hold the rupture discs in place when affixed to pipes or other components of pressurized systems. The articles function as pressure relief safety devices.

The rupture discs are available in aluminum, copper, stainless steel, nickel, monel (an alloy of approximately 70% nickel and 30% copper) and inconel (an alloy of approximately 80% nickel, 14% chromium and 6% iron). The Type PB rupture discs may be lined with teflon or lead, or coated with a variety of corrosion resistant plastics. The type PBV disc is a type PB disc supplied with a vacuum support. The type D disc has two components called the cap and seal. The cap is always metal. The seal may be teflon or metal. Of the two components, the cap has more mass and is the most similar to a single element rupture disc. The type DV disc is a type D disc with a vacuum support. The type TMT disc is similar to the type D and DV discs but has top and bottom teflon linings. The type SB disc is a single element disc.

The vacuum supports and safety head inlet and outlet casings are available in aluminum, copper, stainless steel, nickel, monel and inconel. The rupture discs, when entered with vacuum supports and safety head inlet and outlet casings, are packaged with other rupture discs and are invoiced separately from the other components.

ISSUE:

Is the merchandise classified as valves or parts of valves in Heading 8481, or according to the constituent material as other articles of aluminum in Heading 7616, other articles of copper in Heading 7419 and similar provisions for other metals?

LAW AND ANALYSIS:

Heading 8481 in pertinent part describes "[t]aps, cocks, valves and similar appliances...". The Explanatory Notes to Heading 8481, p. 1321, provide:

The appliances regulate the flow by opening or closing an aperture (e.g., gate, disc, ball, plug needle or diaphragm). They may be operated by hand (by means of a key, wheel, press button, etc.), or by a motor, solenoid, clock movement, etc., or by an automatic device such as a spring, counterweight, float lever, thermostatic element or pressure capsule.

The articles under consideration might regulate flow by relieving pressure at a certain level, but they do not operate like the valves described in the Explanatory Notes to Heading 8481. Instead of regulating flow by opening or closing an aperture, the rupture discs burst at a particular pressure and remain ruptured until they are replaced. The articles have no moving parts.

The Explanatory Notes to Heading 8481, p. 1332 provide that bursting discs are not classified as Heading 8481 valves, stating:

Bursting discs (thin discs of plastics or metal) are used in certain cases as safety devices instead of valves; they are mounted by means of a special carrier on pipe systems or pressure vessels and burst at a specific pressure. They are classified according to the constituent material (headings 39.26, 71.15, 73.26, 74.19, 75.08, 76.16, etc.). (underscoring added)

The articles under consideration are classified according to their constituent material (e.g., other articles of
aluminum, Heading 7616; other articles of iron or steel, Heading 7326, etc.).

Rupture discs of base metals which are lined or coated with different base metals are classified according to predominate weight pursuant to Section XV Note 5.

Rupture discs of base metals which are coated or lined with non-metals are GRI 3(b) composite goods. They are classified according to the predominate metal because the metal parts of the articles impart their essential character.

Rupture discs consisting of a cap and a seal are GRI 3(b) composite goods classified according to the cap because the cap is the component which imparts the essential character. The cap is the more massive component, is more similar than the seal to a single element rupture disc and has a more important role in the operation of the article. Rupture discs supplied with a vacuum support are classified according to the rupture disc.

Vacuum supports and safety head inlet and outlet casings are classified according to their predominate constituent material.

Metal alloys present in any of the articles under consideration are classified according to the predominate metal pursuant to Section XV Note 3.

HOLDING:

The rupture discs, vacuum supports and safety head inlet and outlet casings are classified according to their constituent material, pursuant to Section XV Notes 3 and 5, as other articles of iron or steel in subheading 7326.90.90, other articles of copper in Heading 7419.99.50 other articles of nickel in subheading 7508.00.50 or as other articles of aluminum in subheading 7616.90.00.

Metal rupture discs, vacuum supports or safety head inlet or outlet casings lined or coated with plastics are classified according to the predominate metal. Rupture discs consisting of a cap and a seal are classified according to the cap. Rupture discs supplied with a vacuum support are classified according to the rupture disc. A copy of this decision should be forwarded to the internal advice applicant.

Sincerely,

John Durant, Director
Commercial Rulings Division

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