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NY 899838




August 4, 1994

CLA-2-84:S:N:N1:104 899838

CATEGORY: CLASSIFICATION

TARIFF NO.: 8421.31.0000; 8421.39.8015

Mr. John C. Orth
Flosep Inc.
14947 NE 95th Street
Redmond, WA 98052

RE: The tariff classification of vortex tube industrial and automotive air cleaners/dust collectors from South Africa.

Dear Mr. Orth:

In your letter dated June 27, 1994 you requested a tariff classification ruling.

You describe the vortex tubes as miniature horizontal cyclones designed to efficiently separate particulate matter from dirty gas streams by means of centrifugal or spinning action which separates the heavy dust particles from the gas, and directs the particles to a suitable exit or collection port. The dust laden air enters the vortex generator portion of the tube where it is given an intense swirl. Inlet diameters range from 18 to 100 mm for standard tubes and from 150 to 2000 mm for large single tubes. The standard sizes are assembled into panels of parallel tubes to handle large air or gas flows. These panels contain from as few as 6 to several hundred tubes. The tubes have no moving parts.

The automotive pre-cleaners or pre-filters include two series. The first are constructed substantially of plastic and carry model numbers corresponding to the number of 25 mm vortex tubes they contain. They are intended primarily for use on farm tractors for pre-cleaning engine intake air but can be used on other automotive units with engine displacement up to about 4 liters. Pre-filter units in the second series are constructed substantially of metal, but with plastic vortex tubes of 18mm or 22mm diameter. These units are intended for use on construction machinery, industrial tractors, off-road mobile equipment etc.

The industrial vortex tube panels are mechanical dust separators. They may be used as pre-filters for bag houses and other media filters, to control dust in mines, mills or industrial plants or for removing dust on machinery or space ventilation air intakes. A wide variety of panels will be imported, varying in the number of tubes in the panel and in the size of the vortex tubes.

The applicable subheading for the automotive type vortex tubes will be 8421.31.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for filtering or purifying machinery and apparatus for gases: intake air filters for internal combustion engines. The rate of duty will be 3.1 percent.

The applicable subheading for the industrial type vortex tubes will be 8421.39.8015, HTS, which provides for filtering or purifying machinery and apparatus for gases: other: other. The rate of duty will be 3.9 percent.

Effective on or after May 10, 1994, articles classifiable under subheadings 8421.31.00 and 8421.39.80, HTS, which are products of South Africa are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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