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HQ 963308




JULY 10, 2000

CLA-2 RR:CR:GC 963308 JAS

CATEGORY: CLASSIFICATION

TARIFF NO.: 8421.29.00

Mr. Fred Martinelli
FM Associates
6 Tootin Hill Road
West Simsbury, CT 06092

RE: NY B81286 Revoked; “Y” Strainer

Dear Mr. Martinelli:

In NY B81286, which the Director of Customs National Commodity Specialist Division, New York, issued to you on January 30, 1997, a “Y” strainer was held to be classifiable in subheading 7325.99.10, Harmonized Tariff Schedule of the United States (HTSUS), as an other cast article of iron or steel.

Pursuant to section 625(c), Tariff Act of 1930 (19 U.S.C. 1625(c)), as amended by section 623 of Title VI (Customs Modernization) of the North American Free Trade Agreement Implementation Act, Pub. L. 103-182, 107 Stat. 2057, 2186 (1993), notice of the proposed revocation of NY B81286 was published on June 7, 2000, in the Customs Bulletin, Volume 34, Number 23. No comments were received in response to that notice.

FACTS:

The “Y” strainer was described as a Y-shaped industrial grade cast iron strainer, model F1, class 125. It consists of a cast iron body, cast iron plug, stainless steel screen and gasket. These articles are said to be used in commercial and industrial liquid systems to strain out debris. No further description was provided.

The HTSUS provisions under consideration are as follows:

Other cast articles of iron or steel:

Other:

Of cast iron

8421 filtering or purifying machinery and apparatus, for liquids or gases: parts thereof:

Filtering or purifying machinery and apparatus for liquids:

8421.29.00 Other

ISSUE:

Whether the “Y” strainer is a good of heading 8421.

LAW AND ANALYSIS:

Under General Rule of Interpretation (GRI) 1, Harmonized Tariff Schedule of the United States (HTSUS), goods are to be classified according to the terms of the headings and any relative section or chapter notes, and provided the headings or notes do not require otherwise, according to GRIs 2 through 6.

The Harmonized Commodity Description and Coding System Explanatory Notes (ENs) constitute the official interpretation of the Harmonized System. Though not dispositive, the ENs provide a commentary on the scope of each heading of the Harmonized System. Customs believes the ENs should always be consulted. See T.D. 89-80. 54 Fed. Reg. 35127, 35128 (Aug. 23, 1989).

Initially, heading 7325 covers all cast articles of iron or steel that are not specified or included elsewhere in the HTSUS. The “Y” strainer at issue contains a body and plug, both of cast iron, but also a screening element of stainless steel. It is our opinion that because the “Y” strainer contains a significant component that is not of cast iron, heading 7325 does not describe this article.

Heading 8421, on the other hand, covers filtering or purifying machinery and apparatus for liquids and for gases. The heading covers filters and purifiers of all types. The ENs on p.1280 state that much of the filtration or purification plant of heading 8421 is purely static equipment with no moving parts. Liquid filters of heading 8421 separate solid, fatty, colloidal, etc., particles from a liquid, for example, by passing it through a sheet, membrane or mass of porous material (e.g., cloth, felt, wire-cloth, skin). The ENs state the heading does not include filter funnels, milk strainers, vessels, tanks, etc., simply equipped with metallic gauze or other straining material, nor general purpose vessels, tanks, etc., even if intended for use as filters after insertion of a layer of gravel, sand, charcoal, etc. The “Y” strainer at issue meets the heading 8421 EN description for filtering or purifying machinery and apparatus for liquids. However, the strainer is not akin to filter funnels and milk strainers or does it appear to be akin to general purpose vessels and tanks intended for use as filters, all of the type which the EN excludes from heading 8421. Substantially similar Y-type strainers have been classified in subheading 8421.29.00, HTSUS. See NY A89761, dated March 4, 1997.

HOLDING:

Under the authority of GRI 1, the “Y” strainer, model F1, class 125, is provided for in heading 8421. It is classifiable in subheading 8421.29.00, HTSUS.

EFFECT ON OTHER RULINGS:

NY B81286, dated January 30, 1997, is revoked. In accordance with 19 U.S.C. 1625(c), this ruling will become effective 60 days after its publication in the Customs Bulletin.

Sincerely,

John Durant, Director
Commercial Rulings Division


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