CLA-2 CO:R:C:M 953094 DWS

District Director
U.S. Customs Service
127 North Water Street
Ogdensberg, NY 13669

RE: Protest No. 0712-92-101322; Showers; Shower Brackets; Paper Making; Chapter 84, Note 2; 8439.20.00

Dear Sir:

This is our response on Application for Further Review of Protest No. 0712-92-101322, dated December 2, 1992, concerning your action in classifying and assessing duty on certain showers and shower brackets under the Harmonized Tariff Schedule of the United States (HTSUS).

FACTS:

The merchandise consists of showers and shower brackets used with various sections of paper or paperboard making machinery. The shower is used to clean the wire mesh face of cylinder molds, as well as felts which support the paper web in paper or paperboard making machinery. The shower eliminates the build up of stray fibers or other materials which could affect the formation of the paper or paperboard. The force generated by the jet of water emitted by the shower serves to knock off any stray materials, or otherwise flush out impurities from the wire or felt. The shower itself is comprised of a pipe with nozzles evenly arrayed along its length. The shower contains a mechanical plunger or an internal rotating brush to prevent the nozzle orifice from clogging.

It is our understanding that the shower bracket is used to mount the shower pipe to the frame of a paper or paperboard machine, so that the shower can effectively clean the wire mesh or felt. The bracket is "U"-shaped and is specifically made to fit around the shower pipe.

ISSUE:

What is the proper classification of the shower and shower bracket under the HTSUS?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUS is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification is determined according to the terms of the headings and any relative section or chapter notes.

The merchandise was entered under subheading 8439.20.00, HTSUS, which provides for: "[m]achinery for making paper or paperboard." However, the entries with regard to the shower were liquidated under subheading 8424.89.00, HTSUS, which, in part provides for: "[m]echanical appliances (whether or not hand operated) for projecting, dispersing or spraying liquids or powders . . .: [o]ther appliances: [o]ther." The entries with regard to the shower bracket were liquidated under subheading 8424.90.90, HTSUS, which provides for: "[p]arts: [o]ther."

We will first deal with the classification of the shower. Both headings 8424, HTSUS, and 8439, HTSUS, describe the article. Chapter 84, HTSUS, note 2, HTSUS, states that:

[s]ubject to the operation of note 3 to section XVI, a machine or appliance which answers to a description in one or more of the headings 8401 to 8424 and at the same time to a description in one or more of the headings 8425 to 8480 is to be classified under the appropriate heading of the former group and not the latter.

Therefore, under chapter 84, note 2, the shower is classifiable under subheading 8424.89.00, HTSUS.

Because the bracket is a part specifically created for, and solely used with, the subject shower, it is classifiable under subheading 8424.90.90, HTSUS.

HOLDING:

The shower is classifiable under subheading 8424.89.00, HTSUS, which, in part provides for: "m]echanical appliances (whether or not hand operated) for projecting, dispersing or spraying liquids or powders . . .: [o]ther appliances: [o]ther."

The shower bracket is classifiable under subheading 8424.90.90, HTSUS, which provides for: "[p]arts: [o]ther."

The protest should be denied in full. A copy of this decision should be attached to the Customs Form 19 and provided to the protestant as part of the notice of action on the protest.

Sincerely,

John Durant, Director