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NY B84172




April 29, 1997

CLA-2-84:RR:NC:1:103 B84172

CATEGORY: CLASSIFICATION

TARIFF NO.: 8479.89.6500

Mr. Gordon C. Anderson
Meyer Customs Brokers
8100 Mitchell Rd., Suite 200
Eden Prairie, MN 55344

RE: The tariff classification of the AIRotor from Sweden

Dear Mr. Anderson:

In your letter dated April 3, 1997 on behalf of XeteX Inc. you requested a tariff classification ruling.

The AIRotor air to air heat recovery device is a rotary heat exchanger which operates on the air to air principal of heat transfer. It is basically composed of a rotor housing, rotor or enthalpy recovery wheel, drive system, and speed control. The rotor housing is composed of a welded tubular steel frame with insulated, galvanized sheet metal cover plates and inspection hatches. The rotor or wheel is assembled from alternate layers of flat and corrugated thin sheet aluminum. The smooth channels formed by this construction ensure a laminar air flow, thus minimizing the risk of dirt or dust fouling. The rotor turns by means of an AC motor and gear reducer which drive a self-adjusting belt placed around the rotor's perimeter. The speed control system consists of an integral control panel with remote temperature sensors. The control modulates rotor speed to prevent frost buildup, reduce heat recovery in economizer mode, and switch to maximum heat recovery when the outdoor temperature is higher than the indoor temperature.

The unit can transfer sensible and/or latent heat. The sensible or non-hygroscopic rotor does not absorb moisture and thus transfers only sensible heat. The enthalpy or hygroscopic rotor has a hygroscopic (humidity drawing) coating applied to its aluminum heat transfer surface, and thus transfers both sensible and latent heat. The AIRotor is used with an air conditioning system and is available in 16 sizes with nominal air flows ranging from 500 to 20,000 cubic feet per minute. It is capable of total energy recovery efficiencies as high as 90 percent.

You have suggested classifying the AIRotor in the provision for parts of air conditioning machines in subheading 8415.90.80, Harmonized Tariff Schedule of the United States (HTS). Heading 8415 is limited to air conditioning machines and parts thereof. While it is clear that the AIRotor will be used with an air conditioning system, it is itself not an air conditioning machine or a part of an air conditioning machine.

The applicable subheading for the AIRotor will be 8479.89.6500, HTS, which provides for machines and mechanical appliances having individual functions, not specified or included elsewhere...: other machines and mechanical appliances: other: electromechanical appliances with self-contained electric motor: other. The rate of duty will be 3.4 percent ad valorem.

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 Alan Horowitz at 212-466-5494.

Sincerely,

Robert B. Swierupski
Chief, Metals & Machinery Branch

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