HQ 086394: Tri-Packs filter column packing

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 086394

                         April 16, 1990

CLA-2 CO:R:C:G  086394  JMH

CATEGORY:  Classification

TARIFF NO.:  8421.99.00

Ms. Donna Wyzykowski
The Buffalo Customhouse Brokerage Co., Inc.
Peace Bridge Plaza Warehouse
Buffalo, New York  14213

RE:  Tri-Packs filter column packing

Dear Ms. Wyzykowski:

     Your January 2, 1990, request for a classification ruling
under the Harmonized Tariff Schedule of the United States
Annotated (HTSUSA) for the "Tri-Pack Material", on behalf of
Fabricated Plastics, Ltd., was referred to this office for a
reply.

FACTS:

     The articles in question are the "Tri-Packs" mass transfer
column packings (Tri-Packs), to be imported from Canada.  Tri-
Packs are hollow, spherical column packing.  They are constructed
of a network or ribs, struts and drip rods in a geometric
pattern.  The plastic Tri-Packs come in three sizes:  one inch,
two inches, and four inches.

     As packing, the Tri-Packs are placed within a column.  The
liquid or gas to be filtered is then sent through the column and
the Tri-Packs packing operates to detain any contaminants from
the liquid or gas.  You state that the special design of the Tri-
Packs has created an extremely efficient method of filtering
both liquids and gases.

ISSUE:

     Whether the Tri-Packs are filtering apparatus or parts of
filtering apparatus within heading 8421, HTSUSA.

LAW AND ANALYSIS:

     The classification of merchandise under the HTSUSA is
governed by the General Rules of Interpretation (GRI's).  GRI 1,
                               -2-


HTSUSA, 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...according to the
following provisions..."

     The applicable heading in this instance is heading 8421,
HTSUSA, which describes "Centrifuges, including centrifugal
dryers; filtering or purifying machinery and apparatus for
liquids and gases; parts thereof..."  There are three possible
subheading classifications within heading 8421.  These three
subheadings describe:

     8421.21.00     Filtering or purifying machinery and
                    apparatus for liquids...

     8421.39.00     Filtering or purifying machinery and
                    apparatus for gases..Other...

     8421.99.00     Parts...Other...

     GRI 6, HTSUSA, one of the "following provisions" mentioned
in GRI 1, requires that GRI 1 through GRI 5, HTSUSA, be utilized
for subheadings as they would for headings.  Therefore, under GRI
1 the Tri-Packs must meet the terms of the subheadings.

     For classification within subheadings 8421.21.00 or
8421.39.00, the Tri-Packs must be "machinery or apparatus."
Chapter 84, HTSUSA, is within Section XVI, HTSUSA, making the
Section XVI notes applicable to this classification.  Section
XVI, Note 5, HTSUSA defines "machine" as "any machine, machinery,
plant, equipment, apparatus or appliance cited in the headings of
chapter 84 or 85."  This note indicates that the term "apparatus"
means a working unit, an article which is able to complete its
purpose by itself.

     The Tri-Packs fit within a column as column packing.
Without the column, the Tri-Packs cannot perform their filtering
function.  It is the opinion of this office that the Tri-Packs
are not filtering apparatus, but are parts of filtering
apparatus.  Therefore, the appropriate classification is within
subheading 8421.99.00, as "...filtering or purifying machinery
and apparatus, for liquids or gases; parts thereof...Parts...
Other..."

HOLDING:

     The term "apparatus" means a working unit, an article which
is able to complete its purpose by itself.  The Tri-Packs must be
used with a filtering column.  Therefore, they are not
"apparatus" since they cannot perform their filtering function
alone.
                               -3-



     The Tri-Packs are parts of filtering apparatus.  The
appropriate classification is within subheading 8421.99.00, as
"...filtering or purifying machinery and apparatus, for liquids
or gases; parts thereof...Parts... Other..."

                              Sincerely,



                              John Durant, Director
                              Commercial Rulings Division