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HQ 950064


October 29, 1991

CLA-2 CO:R:C:M 950064 MBR

CATEGORY: CLASSIFICATION

TARIFF NO.: 7610.90.00; 8481.30.20; 8481.80.30; 8481.80.90

Mr. D.G. McKenny
John V. Carr & Son, Inc.
P.O. Box 248
Champlain, New York 12919

RE:Series 20 Gate; Series 60 Gate; Series 61 Gate; Series 80 Valve; Series 95 Stop Logs; Valve; Structure; Hand Operated; Principal Use; GRI 3(c); H. Fontaine, Ltd.

Dear Mr. McKenny:

This is in reply to your letter of July 2, 1991, on behalf of H. Fontaine, Ltd., requesting classification of the Series 20 Gate, the Series 60 Gate, the Series 61 Gate, the Series 80 Valve, and the Series 95 Stop Logs, under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

FACTS:

You have requested classification regarding the importation of five different types of flow control devices. These units are used in a wide range of applications, from waste water management to irrigation control. It is not specified what method of actuation will actually be utilized with any of the instant models.

The Series 20 Gate "provides a simple yet efficient design that will satisfy the requirements of most applications." It is a gate valve comprised of a steel frame, steel slide, and a high density polyethylene seal. In normal installation, the frame is fastened to a concrete backing and the slide (gate) is raised or lowered in order to control water flow. The gate can be operated by a wide range of actuators (electric, hydraulic, pneumatic, manual gear box, or handwheel).

The Series 60 Gate is described as a "round stainless steel flap gate." The gate hinged flap opens or closes depending on the direction of flow. Negative pressure on the inside of the gate causes it to open, whereas, positive pressure forces the flap against its seating surface, preventing any flow. This unit
consists of a stainless steel circular frame and a round gate mounted on two hinges.

The Series 61 Gate is a "round fabricated stainless steel inlet flap gate" similar to the series 60 gate, except that a housing is added to prevent blockage due to floating debris. It is designed for installation at the pipe inlet.

The Series 80 Telescopic Valve is designed for drawing off surface fluids or to act as an adjustable top water level. It consists of two sections of pipe, one fitted inside the other. The outer pipe runs under water to a concrete base and acts as a drain. The inner pipe has an adjustable height and rides up and down against a neoprene sealing ring. A lifting bracket is attached to the top of the inner pipe and is controlled by a hand operated stem, similar to a gate valve. Flow control is accomplished by raising and lowering the height of the inner pipe to the desired water level. It is manufactured in a stainless steel construction.

The Series 95 Stop Logs are U-shaped aluminum channels, mounted into concrete frames, into which the user can slide 12" high metal plates (logs). By the operation of adding or removing "logs," the operator can control the level of flow in a channel.

ISSUE:

What is the classification of the Series 20 Gate, the Series 60 Gate, the Series 61 Gate, the Series 80 Valve, and the Series 95 Stop Logs, under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA)?

LAW AND ANALYSIS:

The General Rules of Interpretation (GRI's) to the HTSUSA govern the classification of goods in the tariff schedule. GRI 1 states, in pertinent part:

...classification shall be determined according to the terms of the headings and any relative section or chapter notes...

At importation, there is no information regarding whether the Series 20 gate valve is principally actuated by hand, or by other means. Therefore, the Series 20 gate valve is prima facie classifiable under the following subheadings:

8481.80.30Taps, cocks, valves and similar appliances...: Other appliances: Hand operated: Of iron or steel.

8481.80.90 Taps, cocks, valves and similar appliances...:

Other appliances: Other

In its condition as presented, the Series 20 Gate valve is not a "finished" "hand operated" valve since it lacks the means of actuation. GRI 2(a) provides guidance here. It states, in pertinent part:

Any reference in a heading to an article shall be taken to include a reference to that article incomplete or unfinished, provided that, as presented, the incomplete or unfinished article has the essential character of the complete or finished article....

However, as presented, the Series 20 Gate valve does not have the essential character of a "Hand operated" valve. Upon importation, there is no indication as to the method of actuation. If, however, it becomes clear that the Series 20 Gate valve is either principally "Hand operated" or dedicated to hand operation, under GRI 1, it would be properly classifiable under subheading 8481.80.30, HTSUSA, which provides for hand operated valves of steel.

Therefore, in the absence of information as to the method of actuation, the Series 20 Gate is classifiable under subheading 8481.80.90, HTSUSA, which provides for: "[t]aps, cocks, valves and similar appliances...: [o]ther appliances: [o]ther."

The Series 60 and 61 "flap gates" function as check valves, by allowing water to flow outward and sealing when threatened by reverse flow conditions. The Harmonized Commodity Description and Coding System Explanatory Notes (ENs) to heading 8481, HTSUSA, page 1322, state:

This heading includes inter alia:

(1)Non-return valves (e.g., swing check valves and ball valves).

Therefore, they are classifiable in subheading 8481.30.20, HTSUSA, which provides for: "[t]aps, cocks, valves and similar appliances, ...: [c]heck valves: [o]f iron or steel."

The Series 80 Telescopic Valve appears to be hand operated. Therefore, they are classifiable in subheading 8481.80.30, HTSUSA, which provides for: "[t]aps, cocks, valves and similar appliances, ...: [o]ther appliances: [h]and operated: [o]f iron or steel."

It is Customs position that the Series 95 Stop Logs are not "taps, cocks, valves and similar appliances." It is apparent from
your submitted diagrams that they are more akin to structures such as dams or dikes. The ENs for heading 7610, HTSUSA, page 1068, state in pertinent part:

In view of their lightness, aluminum and its alloys are sometimes used instead of iron or steel in the manufacture of structural frameworks, shops' superstructures, bridges, sliding doors, electric grid or radio pylons, telescopic pit props, door or window frames, railings, etc.

Therefore, we find the Series 95 Stop Logs to be similar structures classifiable in subheading 7610.90.00, HTSUSA, which provides for: "[a]luminum structures (excluding prefabricated buildings of heading 9406) and parts of structures (for example, bridges and bridge sections, towers, lattice masts, roofs, roofing, frameworks, doors and windows and their frames and thresholds for doors, balustrades, pillars and columns); aluminum plates, rods, profiles, tubes, and the like, prepared for use in structures:

HOLDING:

The Series 20 Gate valve, as presented, does not have the essential character of a "hand operated" valve, therefore, it is classifiable in subheading 8481.80.90, HTSUSA, which provides for: "[t]aps, cocks, valves and similar appliances...: [o]ther appliances: [o]ther." The rate of duty is 3.7 percent ad valorem. If all of the requirements of the United States - Canada Free Trade Agreement are met, then the rate of duty is Free.

The Series 60 & 61 "Flap Gate" valves are classifiable in subheading 8481.30.20, HTSUSA, which provides for: "[t]aps, cocks, valves and similar appliances, ...: [c]heck valves: [o]f iron or steel." The rate of duty is 8 percent ad valorem. If all of the requirements of the United States - Canada Free Trade Agreement are met, then the rate of duty is 3.2 percent ad valorem.

The Series 80 Telescopic Valve appears to be hand operated. Therefore, they are classifiable in subheading 8481.80.30, HTSUSA, which provides for: "[t]aps, cocks, valves and similar appliances, ...: [o]ther appliances: [h]and operated: [o]f iron or steel." The rate of duty is 8 percent ad valorem. If all of the requirements of the United States - Canada Free Trade Agreement are met, then the rate of duty is 3.2 percent ad valorem.

The Series 95 "Stop Logs" structures are classifiable in subheading 7610.90.00, HTSUSA, which provides for: "[a]luminum structures (excluding prefabricated buildings of heading 9406) and parts of structures (for example, bridges and bridge sections, towers, lattice masts, roofs, roofing, frameworks, doors and windows and their frames and thresholds for doors, balustrades, pillars and columns); aluminum plates, rods, profiles, tubes, and
the like, prepared for use in structures: [o]ther." The rate of duty is 5.7 percent ad valorem. If all of the requirements of the United States - Canada Free Trade Agreement are met, then the rate of duty is 3.9 percent ad valorem.

Sincerely,

John Durant, Director

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