CLA-2 CO:R:C:M 089007 NLP
District Director of Customs
511 N.W. Broadway
Federal Building, Room 198
Portland, Oregon 97209
RE: Protest No. 2904-90-000132; ceramic minibeads; item 535.41,
TSUS; subheading 6909.11.20, HTSUSA
Dear District Director:
The following is our decision regarding the Protest and
Request for Further Review No. 2904-90-000132, dated October 23,
1990. At issue is the classification of ceramic minibeads.
FACTS:
The product at issue is called ceramic minibeads. The
importer's letter describes the minibeads as grinding media which
are used in machinery that grind calcium carbonate in a water
solution to produce a very fine particle size grade used in the
production of paper.
Your office liquidated two entries of the minibeads under
item 536.11, Tariff Schedules of the United States (TSUS), which
provides for ceramic wares, and articles of such wares, not
specially provided for, of porcelain or subporcelain. Three
entries were liquidated under subheading 6914.90.00, Harmonized
Tariff Schedule of the United States Annotated (HTSUSA), which
provides for other ceramic articles, other.
The importer contends that the ceramic minibeads are
classifiable in item 535.41, TSUS, which provides for machinery
parts, of porcelain or subporcelain, and subheading 6909.11.20,
HTSUSA, which provides for ceramic wares for laboratory, chemical
or other technical uses, machinery parts, of porcelain or china.
The importer argues that these are the appropriate
classifications on the basis that the beads are made of porcelain
and are necessary components of grinding machinery.
ISSUE:
Are the minibeads classifiable in item 535.41, TSUS, and in
subheading 6909.11.20, HTSUSA.
LAW AND ANALYSIS:
Classification of minibeads under the Tariff Schedules of the
United States
New York Ruling Letter 806962, dated October 3, 1983, dealt
with the classification of ceramic minibeads, which were used as
grinding media in ball mills. The ceramic beads were classified
in item 535.41, TSUS, which provides for machinery parts, of
porcelain or subporcelain. In addition, T.D. 56413(38)
classified ceramic grinding balls used in grinding machinery in
item 535.41, TSUS. Therefore, as the instant product is a
ceramic bead used as grinding media, it is also classifiable in
item 535.41, TSUS.
Classification of the minibeads under the Harmonized Tariff
Schedule of the United States
Heading 6909, HTSUSA, provides for, inter alia, ceramic
ware for laboratory, chemical or other technical uses. The
Explanatory Notes for the HTS, although not dispositive, are to
be looked to for the proper interpretation of the HTS. The
Explanatory Notes to Heading 6909, HTSUSA, provide, in pertinent
part, the following:
This heading covers a range of very varied articles
usually made from vitrified ceramics (stoneware,
porcelain or china, steatite ceramics etc.) glazed or
unglazed. It does not, however, cover refractory goods
of a kind designed for resisting high temperatures as
described in the General Explanatory Note to sub-
Chapter 1. But articles of a type not designed for
high temperature work remain in this heading even if
made of refractory materials (e.g., thread guides,
grinding apparatus, etc., of sintered alumina)
The heading covers in particular:
(2) Ceramic wares for other technical uses, such
as...grinding apparatus and balls, etc., for grinding
materials...
The previous tariff law, the TSUS, though not binding on the
present tariff laws, provides guidance for the classification of
merchandise under the HTSUSA, absent an explicit change in the
new laws over the previous. As evidenced by the language of item
535.41, TSUS, and subheading 6909.11.20, there has not been an
explicit change in the new law over the previous. As a result,
the fact that ceramic beads used in grinding machinery were
classifiable as machinery parts, of porcelain or subporcelain in
the TSUS provides guidance for the classification of the same
product under the HTSUSA.
The instant ceramic minibeads are not designed for high
temperature work and are grinding media used in grinding
machinery. Based on these facts and the classification of
ceramic minibeads under the TSUS, the subject ceramic minibeads
are classifiable in subheading 6909.11.20, HTSUSA, which provides
for ceramic wares for laboratory, chemical or other technical
uses, machinery parts, of porcelain or china.
HOLDING:
The minibeads are classifiable in item 535.41, TSUS, and
subheading 6909.11.20, HTSUSA.
The protest should be allowed in full. A copy of this
decision should be attached to the Form 19 Notice of Action to be
sent to the protestant.
Sincerely,
John Durant, Director
Commercial Rulings Division