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NY A80659




March 16, 1996

CLA-2-84:RR:NC:MA:104 A80659

CATEGORY: CLASSIFICATION

TARIFF NO.: 8421.21.0000; 8421.99.0040; 8413.50.0050 9107.00.8000; 6914.90.8000; 4016.93.5050

Mr. Charles Watson
R.L. Swearer Company, Inc.
P.O. Box 471
Sewickley, PA 15143-0471

RE: The tariff classification of filtering equipment from France.

Dear Mr. Watson:

In your letter dated February 20, 1996 on behalf of U.S. Filter of Warrendale, PA you requested a tariff classification ruling.

The Membralox filtering system for water and wastewater consists basically of a ceramic membrane (filter element), a stainless steel housing and two gaskets for every element. (You refer to these items collectively as a "loaded filter".) The gaskets, which are specially made, may be EPDM, silicone or Viton depending on the application. The system may also include a backpulse device, backpulse cabinet and a stainless steel weld collar. The backpulse device is an air driven pump while the cabinet contains timers which control the pump. Backflushing or backpulsing is done to clean the ceramic elements. The weld collar is an adapter plate used to connect the filter to the piping for both the feed water stream and the byproduct stream.

The applicable subheading for the "loaded filter" and for the complete Membralox system including the backpulse device, backpulse cabinet and weld collar will be 8421.21.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for filtering or purifying machinery and apparatus for water. The rate of duty will be 2.3 percent.

You have indicated that the components of the Membralox system will also be imported separately.

The applicable subheading for the ceramic membrane imported without the stainless steel housing will be 6914.90.8000, HTS, which provides for other ceramic articles: other: other. The rate of duty will be 7 percent.

The applicable subheading for the stainless steel housing, the stainless steel weld collar and the specially made silicone and Viton gaskets will be 8421.99.0040, HTS which provides for parts of machinery and apparatus for filtering or purifying water. The rate of duty will be 2.3 percent.

The EPDM gaskets will be classified under subheading 4016.93.5050, HTS, which provides for other articles of vulcanized rubber other than hard rubber: other: other. The rate of duty will be 3.1 percent.

The applicable subheading for the backpulse device will be 8413.50.0050, HTS which provides for other reciprocating positive displacement pumps. The rate of duty will be 1.8 percent.

The backpulse cabinet will be classified under HTS subheading 9107.00.8000 which provides for time switches ... valued over $5 each. The rate of duty will be 45 cents each + 6.4 percent + 2.5 cents per jewel, if any.

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

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Robert Losche at 212-466-5670.

Sincerely,

Roger J. Silvestri
Director

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