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HQ 087335


SEPT 5 1990

CLA-2:CO:R:C:G 087335 JAS

CATEGORY: CLASSIFICATION

TARIFF NO.: 8413.81.0040, HTSUSA

Dody Trombley
F. W. Myers & Co., Inc.
P.O. Box 188
Champlain, N.Y. 12919

RE: Furnace Stirrer

Dear Ms. Trombley:

In your letter of May 7, 1990, you inquire as to the tariff classification of the Alcan Jet Stirrer, from Canada. Specifications and other descriptive literature were submitted. Our ruling follows.

FACTS:

The merchandise in issue is described as equipment used in aluminum casting plants for the sub-surface stirring of molten aluminum in furnaces. It functions to produce a continuous suction/discharge cycle which creates swirling vortices of molten aluminum at the bottom of the furnace. This causes the entire furnace contents to be continuously stirred, thus insuring uniform chemical composition throughout the melt and preventing excessing dross buildup.

The stirrer consists of a 600 kg. capacity insulated metal reservoir which attaches by a flange fitting to an orifice in the furnace which runs under the molten aluminum. A series of pneumatic supply lines alternately creates vacuum and pressure conditions in the reservoir. An air ejector reduces air pressure in the reservoir to create a vacuum. This allows molten aluminum to flow from the furnace into the reservoir. The air flow is then reversed which causes the aluminum to flow under pressure back through the orifice into the furnace. The reservoir also contains a heating element for maintaining temperature as the aluminum circulates in the reservoir, and a control panel that regulates the intake/exhaust valves in the pneumatic supply system.

ISSUE:

Whether the pneumatic stirrer is specifically provided for in the HTSUSA.

LAW AND ANALYSIS:

Merchandise is classifiable under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), in accordance with the General Rules of Interpretation (GRIs). GRI 1 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, provided the headings or notes do not provide otherwise, according to GRIs 2 through 6.

For tariff purposes tariff terms are construed in accordance with their common and commercial meanings which are presumed to be the same. Various lexicons we have consulted indicate that devices which function to raise, transfer, or compress fluids, especially by means of suction or pressure or both, are within the common meaning of the term "pump."

Heading 8413 provides for pumps for liquids, whether or not fitted with a measuring device. The Explanatory Notes (ENs), which constitute the Customs Cooperation Council's official interpretation of the Harmonized System, indicate, at p. 1159, that heading 8413 covers most machines and appliances for raising or otherwise continuously displacing volumes of liquids (including molten metal and wet concrete), whether they are operated by hand or by any kind of power unit, integral or otherwise. The device in issue functions primarily to transfer molten aluminum under pressure to the furnace in a continuous cycle. Notwithstanding the presence of a heating element, the device functions as a pump.

HOLDING:

Under the authority of GRI 1, the Alcan Jet Stirrer is provided for in heading 8413, pumps for liquids, whether or not fitted with a measuring device. Actual classification is in subheading 8413.81.0040, HTSUSA, other pumps for liquids. As an originating good under the United States-Canada Free-Trade Agreement, the rate of duty is 1.8 percent ad valorem.

Sincerely,

John Durant, Director
Commercial Rulings Division

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