HQ 087335
SEPT 5 1990
CLA-2:CO:R:C:G 087335 JAS
Dody Trombley
F. W. Myers & Co., Inc.
P.O. Box 188
Champlain, N.Y. 12919
RE: Furnace Stirrer
Dear Ms. Trombley:
In your letter of May 7, 1990, you inquire as to the
tariff classification of the Alcan Jet Stirrer, from Canada.
Specifications and other descriptive literature were submitted.
Our ruling follows.
FACTS:
The merchandise in issue is described as equipment used in
aluminum casting plants for the sub-surface stirring of molten
aluminum in furnaces. It functions to produce a continuous
suction/discharge cycle which creates swirling vortices of
molten aluminum at the bottom of the furnace. This causes the
entire furnace contents to be continuously stirred, thus
insuring uniform chemical composition throughout the melt and
preventing excessing dross buildup.
The stirrer consists of a 600 kg. capacity insulated metal
reservoir which attaches by a flange fitting to an orifice in
the furnace which runs under the molten aluminum. A series of
pneumatic supply lines alternately creates vacuum and pressure
conditions in the reservoir. An air ejector reduces air
pressure in the reservoir to create a vacuum. This allows
molten aluminum to flow from the furnace into the reservoir.
The air flow is then reversed which causes the aluminum to flow
under pressure back through the orifice into the furnace. The
reservoir also contains a heating element for maintaining
temperature as the aluminum circulates in the reservoir, and a
control panel that regulates the intake/exhaust valves in the
pneumatic supply system.
- 2 -
ISSUE:
Whether the pneumatic stirrer is specifically provided for
in the HTSUSA.
LAW AND ANALYSIS:
Merchandise is classifiable under the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA), in accordance
with the General Rules of Interpretation (GRIs). GRI 1 states
in part that for legal purposes, classification shall be
determined according to the terms of the headings and any
relative section or chapter notes and, provided the headings or
notes do not provide otherwise, according to GRIs 2 through 6.
For tariff purposes tariff terms are construed in
accordance with their common and commercial meanings which are
presumed to be the same. Various lexicons we have consulted
indicate that devices which function to raise, transfer, or
compress fluids, especially by means of suction or pressure or
both, are within the common meaning of the term "pump."
Heading 8413 provides for pumps for liquids, whether or
not fitted with a measuring device. The Explanatory Notes
(ENs), which constitute the Customs Cooperation Council's
official interpretation of the Harmonized System, indicate, at
p. 1159, that heading 8413 covers most machines and appliances
for raising or otherwise continuously displacing volumes of
liquids (including molten metal and wet concrete), whether they
are operated by hand or by any kind of power unit, integral or
otherwise. The device in issue functions primarily to transfer
molten aluminum under pressure to the furnace in a continuous
cycle. Notwithstanding the presence of a heating element, the
device functions as a pump.
HOLDING:
Under the authority of GRI 1, the Alcan Jet Stirrer is
provided for in heading 8413, pumps for liquids, whether or not
fitted with a measuring device. Actual classification is in
subheading 8413.81.0040, HTSUSA, other pumps for liquids. As
an originating good under the United States-Canada Free-Trade
Agreement, the rate of duty is 1.8 percent ad valorem.
Sincerely,
John Durant, Director
Commercial Rulings Division