HQ 087335: Furnace Stirrer

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                        HQ 087335

                                        SEPT 5 1990

            CLA-2:CO:R:C:G   087335 JAS

            CATEGORY:   Classification

            TARIFF NO.: 8413.81.0040, HTSUSA

            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