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HQ 089944


September 19, 1991

CLA-2 CO:R:C:M 089944 KCC

CATEGORY: CLASSIFICATION

TARIFF NO.: 8421.29.00; 8421.99.00

Mr. Dennis Egleston
Burlington Air Imports
3700 Vanguard Drive
Suite G
Fort Wayne, Indiana 46809

RE: Filtering System for Molding Machine; Parts; GRI 1; machine; Note 5, Section XVI; EN 84.21; parts; Note 2(a), Section XVI; General EN (II) Parts, Section XVI

Dear Mr. Egleston:

This is in response to your letter dated June 4, 1991, to Customs in New York, on behalf of Patt Filtration (in the future to be known as P.M.H.), regarding the tariff classification of a filtering system for molding machines and its parts under the Harmonized Tariff schedule of the United States Annotated (HTSUSA). Your letter and descriptive information were forwarded to this office for a response.

FACTS:

The merchandise at issue is the Rotary II Meltfiltration System and its parts. The Rotary II is a rotary filtration system that can be mounted onto any extruder, such as polymer, food and fiber (nylon) extruders. As material (such as molten polymers) passes through the Rotary II screen pack, any contaminants in the material are trapped on the surface and the inside layers of the screen pack.

Your letter indicated that you were advised by Canadian Customs that the filtering system was classifiable under subheading 8477.20.00, HTSUSA, as machinery for working rubber or plastics...extruders.

ISSUE:

Whether the filtering system for molding machines is classified under subheading 8421.29.00, HTSUSA, as "Centrifuges...filtering or purifying machinery and apparatus, for liquids or gases; parts thereof...Filtering or purifying machinery and apparatus for liquids...Other...Other," or under subheading 8477.20.00, HTSUSA, as "Machinery for working rubber or plastics or for the manufacture of products from these materials, not specified or included elsewhere in this chapter; parts thereof...Extruders...Of the type used for processing rubber or other thermosetting materials...Other, including multiple screw".

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..." The competing headings in this case are headings 8421 and 8477, HTSUSA. The headings describe:

8421 Centrifuges...filtering or purifying machinery and apparatus, for liquids or gases; parts thereof...

8421.29.00 Filtering or purifying machinery and apparatus for liquids...Other...Other.

8477 Machinery for working rubber or plastics or for the manufacture of products from these materials, not specified or included elsewhere in this chapter; parts thereof...

8477.20.00 Extruders...Of the type used for processing rubber or other thermosetting materials...Other, including multiple screw.

For classification within subheading 8421.29.00, HTSUSA, the filtering system must be "machinery or apparatus." Chapter 84, HTSUSA, is within Section XVI, HTSUSA, making the Section XVI notes applicable to this classification. Note 5, Section XVI, HTSUSA, defines "machine" as "any machine, machinery, plant, equipment, apparatus or appliance cited in the headings of chapter 84 or 85." The filtering system satisfies this description. It is a machine to filter out contaminants (heading 8421, HTSUSA).

Heading 8421, HTSUSA, specifically describes filtering or purifying machinery and apparatus. The Explanatory Note 84.21 of the Harmonized Commodity Description and Coding System (HCDCS), states that heading 8421, HTSUSA, covers filters and purifiers of all types (physical or mechanical, chemical, magnetic, electro- magnetic, electrostatic, etc.). HCDCS, Vol. 3, p. 1181.

Moreover, the filtering system in question is similar to the filter presses in Explanatory Note 84.21 which are described as consisting:
of filtering chambers formed by readily detachable vertical filter plates and frames; these are covered by a filtering medium (cloth, cellulose, etc.) and are held in place by a screw or press mechanism. The liquid is forced through the cells by a pump, and the chambers may be heated internally by steam, etc. The filtrate is drawn from the press and the residue collects in cakes between the plates. Filter presses are used for filtering or clarifying many liquids (e.g., in the chemical industry, the sugar industry, in brewing, wine making...in the manufacture of ceramics, man- made textiles, etc).

HCDCS, Vol. 3, p. 1182. The Explanatory Notes, although not dispositive, are to be looked to for proper interpretation of the HTSUSA. 54 Fed. Reg. 35127, 35128 (August 23, 1989). The Rotary II is a filtration system as described by subheading 8421.29.00, HTSUSA, as it is designed to remove any contaminants from polymers, food and fibers that pass through its screens. Additionally, Patt describes the Rotary II system has having only two movable parts, the disc and drive gear. The filtering system is similar to the filter presses as the rotary disc contains a series of specially shaped cavities with drainage holes into which removable wire mesh screens or screen packs are tightly fitted.

Heading 8477, HTSUSA, is not an appropriate classification for the filtering system pursuant to Note 2, Chapter 84, Section XVI, HTSUSA. Pursuant to this note a machine or appliance which answers to a description in one or more of the headings 8401 to 8424 and at the same time to a description in one or more of the headings 8425 to 8480 is to be classified under the appropriate heading of the former group and not the latter. Since a more specific heading pertains to the filtering system for the molding machine, heading 8477, HTSUSA, is not a proper classification.

You requested that parts of the filtering system be classified under subheading 8421.99.00, HTSUSA, as parts of filtering or purifying machinery and apparatus. Parts of filtering or purifying machinery and apparatus of heading 8421, HTSUSA, "are in all cases classified in their own appropriate heading even if specially designed to work as part of a specific machine." Note 2(a), Section XVI, HTSUSA; and HCDCS, General Explanatory Note (II), Section XVI, Vol. 3, p. 1131. Therefore, parts of filtering or purifying machinery and apparatus are only classified in subheading 8421.99.00, HTSUSA, if they are not classifiable in their own heading.

HOLDING:

The filtering system for molding machines is properly classified in subheading 8421.29.00, HTSUSA, as "Centrifuges, including centrifugal dryers; filtering or purifying machinery and apparatus, for liquids or gases...Filtering or purifying machinery and apparatus for liquids."

Parts of filtering and purifying machinery and apparatus are classified in their own appropriate heading even if specially designed to work as part of a specific machine and will only be classified in subheading 8421.99.00, HTSUSA, if they can not be classifiable in their own heading.

Sincerely,

John Durant, Director
Commercial Rulings Division

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