HQ 088062
DEC 28 1990
CLA-2:CO:R:C:G 088062 JAS
Alan Litwin
F.W. Myers & Co., Inc.
55 Oriskany Drive
Tonawanda, New York 14150
RE: Screens, Perforated Stainless Steel; Filtering,
Separating Elements; Machinery Parts
Dear Mr. Litwin:
In your letter of September 12, 1990, on behalf of your
client Erdle Perforating Co., Rochester, N.Y., you inquire as
to the tariff classification of perforated stainless steel
screens from Japan. Our ruling follows.
FACTS:
The articles in issue here are finished screens made from
cold rolled stainless steel, 2mm. thick or less, which have
been die stamped to produce precision perforated holes or
slots. The screens are used in separating, atomizing,
filtering and straining applications in the food, paper and
pharmaceutical industries, as well as in other industrial
applications.
Most screens are imported cut to size and ready for use.
For shipping and handling purposes, however, some are imported
as flat rolled products in material lengths in coils and in
varying widths and thicknesses. After importation, the
customer cuts them to size with no further processing required.
Principal use of these screens with a particular machine or
class of machines has not been established.
ISSUE:
Whether these screens are classifiable as parts of
machines for tariff purposes.
- 2 -
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 require otherwise, according to GRIs 2 through 6.
Goods that qualify as parts in a tariff sense but are
either not covered in a specific heading in chapters 84 or 85
or are not found to be suitable for use solely or principally
with a particular kind of machine, or with a number of machines
of the same heading, are to be classified in heading 8485, if
non-electrical, or in heading 8548 if electrical. Section XVI,
Note 2(c), HTSUSA. Because of its design and function, a
finished perforated screen is an integral, constituent and
component part necessary to the proper functioning of any
machine it may be used with. However, there is no evidence of
principal use with a particular kind of machine or with
machines of one heading.
Perforated stainless steel screens in material lengths, in
coils, do not assume the character of machinery parts of
section XVI. They are provided for in chapter 72 as flat-
rolled products of stainless steel. Chapter 72, Note 1(k),
HTSUSA. In the absence of specific dimensions as to width and
thickness, we are unable to confirm a particular classification
for this merchandise.
HOLDING:
Perforated stainless steel screens are provided for in
heading 8485, as machinery parts not containing electrical
features. Actual classification is in subheading 8485.90.0000,
HTSUSA, other parts. The rate of duty is 5.7 percent ad
valorem.
Sincerely,
John Durant, Director
Commercial Rulings Division