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HQ 088062


DEC 28 1990

CLA-2:CO:R:C:G 088062 JAS

CATEGORY: CLASSIFICATION

TARIFF NO.: 8485.90.0000, HTSUSA

Alan Litwin
F.W. Myers & Co., Inc.
55 Oriskany Drive
Tonawanda, New York 14150

RE: Screens, Perforated Stainless Steel; Filtering, Separating Elements; Machinery Parts

Dear Mr. Litwin:

In your letter of September 12, 1990, on behalf of your client Erdle Perforating Co., Rochester, N.Y., you inquire as to the tariff classification of perforated stainless steel screens from Japan. Our ruling follows.

FACTS:

The articles in issue here are finished screens made from cold rolled stainless steel, 2mm. thick or less, which have been die stamped to produce precision perforated holes or slots. The screens are used in separating, atomizing, filtering and straining applications in the food, paper and pharmaceutical industries, as well as in other industrial applications.

Most screens are imported cut to size and ready for use. For shipping and handling purposes, however, some are imported as flat rolled products in material lengths in coils and in varying widths and thicknesses. After importation, the customer cuts them to size with no further processing required. Principal use of these screens with a particular machine or class of machines has not been established.

ISSUE:

Whether these screens are classifiable as parts of machines for tariff purposes.

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 require otherwise, according to GRIs 2 through 6.

Goods that qualify as parts in a tariff sense but are either not covered in a specific heading in chapters 84 or 85 or are not found to be suitable for use solely or principally with a particular kind of machine, or with a number of machines of the same heading, are to be classified in heading 8485, if non-electrical, or in heading 8548 if electrical. Section XVI, Note 2(c), HTSUSA. Because of its design and function, a finished perforated screen is an integral, constituent and component part necessary to the proper functioning of any machine it may be used with. However, there is no evidence of principal use with a particular kind of machine or with machines of one heading.

Perforated stainless steel screens in material lengths, in coils, do not assume the character of machinery parts of section XVI. They are provided for in chapter 72 as flat- rolled products of stainless steel. Chapter 72, Note 1(k), HTSUSA. In the absence of specific dimensions as to width and thickness, we are unable to confirm a particular classification for this merchandise.

HOLDING:

Perforated stainless steel screens are provided for in heading 8485, as machinery parts not containing electrical features. Actual classification is in subheading 8485.90.0000, HTSUSA, other parts. The rate of duty is 5.7 percent ad valorem.

Sincerely,

John Durant, Director
Commercial Rulings Division


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