HQ 955390
FEBRUARY 15 1994
CLA-2:CO:R:C:M 955390 JAS
Mr. David B. Murry
Paxton Superchargers & Centrifugal Blowers
1260 Calle Suerte
Camarillo, CA 93012-8053
RE: Rotary Blower, Helical-Type and Spur-Type Blower; Fan,
Air Compressor, Subheading 8414.80.10; HQ 952670
Dear Sir:
In your letter of November 10, 1993, you inquire as to the
tariff classification of certain rotary blowers from the Republic
of Korea. Descriptive literature was submitted.
FACTS:
The literature depicts two types of air blowers, the spur
lobe version, designated S-type, and the helical lobe version or
H-type. These devices function by drawing air into a chamber,
compressing it between two counter-rotating rotors and the walls
of the blower casing, thereby reducing its volume and increasing
its pressure. The pressurized air is then expelled through an
aperture. A motor drives the rotors by means of gears.
You state that Customs personnel at Headquarters advised you
by telephone that the provision for other fans, in subheading
8414.59.80, Harmonized Tariff Schedule of the United States
(HTSUS), might apply.
The provisions under consideration are as follows:
8414 Air or vacuum pumps, air or other gas
compressors and fans; ventilating or
recycling hoods incorporating a fan,
whether or not fitted with filters;
parts thereof
8414.59.80 Fans: Other: Other...4.7 percent
* * * * * - 2 -
8414.80.10 Other, except parts: Air compressors
...3.4 percent
ISSUE:
Whether the air blowers in issue create operating pressures
sufficient to qualify them as compressors.
LAW AND ANALYSIS:
Merchandise is classifiable under the Harmonized Tariff
Schedule of the United States (HTSUS) 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.
The Harmonized Commodity Description And Coding System
Explanatory Notes (ENs) constitute the Customs Cooperation
Council's official interpretation of the Harmonized System.
While not legally binding on the contracting parties, and
therefore not dispositive, the ENs provide a commentary on the
scope of each heading of the Harmonized System and are thus
useful in ascertaining the classification of merchandise under
the System. Customs believes the notes should always be
consulted. See T.D. 89-80.
Relevant ENs at p.1163, indicate that air or other gas
compressors of heading 84.14 (other than low pressure or
intermittent working compressors), have fins or other means for
air cooling to dissipate the considerable heat of compression
which is generated. Compressors of heading 84.14 are used, among
other things, for compressing gas into cylinders, for compressing
air or other gases in reservoirs to be used to force feed
machines or apparatus such as compressed air engines. ENs on the
same page also indicate that fans of heading 84.14 are designed
for delivering large volumes of air or other gases at relatively
low pressure or merely for creating a movement of the surrounding
air. Blowers are not specifically provided for in heading 8414;
however, the ENs suggest that blowers are a type of fan. The
notes also suggest that compressors and fans can be distinguished
based on operating pressures, but do not suggest what these
pressures are. The notes, therefore, are not dispositive.
The terms fan and compressor in heading 8414 describe
articles eo nomine, by name. General lexicons we have consulted
are not helpful in establishing the common meaning of these
terms. Technical and scientific definitions are useful in this
regard, particularly where they serve to clarify the more general
sources of common meaning. HQ 952670, dated December 21, 1992,
distinguished fans and blowers from compressors, relying in large - 3 -
part on the definition of the term blower found in Van Nostrand's
Scientific Encyclopedia. This source indicates that machines
whose function is to compress air or gas to a final pressure
below 1 lb. per square inch (psi) are regarded as fans, whereas
machines creating a final pressure of between 1 and 35 lbs. psi
are blowers. Compressors create a final pressure in excess of 35
lbs. psi. Final operating pressures, therefore, are
determinative.
Comparing the compression ratios of the air blowers in issue
to normal atmospheric pressure of 14.7 psi, we have determined
that they do not create final operating pressures sufficient to
qualify them as compressors for tariff purposes. This eliminates
subheading 8414.80.10 from consideration.
HOLDING:
Under the authority of GRI 1, the air blowers in issue are
provided for in heading 8414 as fans. They are classified in
subheading 8414.59.80, HTSUS, as other fans.
Merchandise is classified and assessed with duty in its
condition as imported. Because the accessories you indicate will
accompany these air blowers are not described, we cannot confirm
their classification.
Sincerely,
John Durant, Director
Commercial Rulings Division