CLA-2 RR:CR:GC 960936 JAS
Mr. F. M. Pfeil
Pamran Co., Inc.
1900 William Street
Racine, Wisconsin 53404
RE: HQ 083 699 Modified; Pistol Shaped Hot Air Guns, Hand-Held Devices for Blowing Hot Air; Machinery, Plant or Laboratory Equipment, Whether or not Electrically Heated, for the Treatment of Materials by a Process Involving a Change of Temperature, Heading 8419; Electrical Machines and Apparatus, Heading 8543; HQ 950571, HQ 954370
Dear Mr. Pfeil:
In HQ 083699, issued to you on May 26, 1989, we held that
eight models of a hot air gun were classifiable in subheading
8543.80.90, Harmonized Tariff Schedule of the United States
(HTSUS), as other electrical machines and apparatus, having
individual functions, not specified or included elsewhere.
Pursuant to section 625(c)(1), Tariff Act of 1930 (19 U.S.C.
1625(c)(1)), as amended by section 623 of Title VI (Customs
Modernization) of the North American Free Trade Agreement
Implementation Act, Pub. L. 103-182, 107 Stat. 2057, 2186 (1993),
notice of the proposed modification of HQ 083699 was published on
December 24, 1997, in the Customs Bulletin, Volume 31, Number 52.
FACTS:
The hot air guns in HQ 083699 included, among others, the
models HJ-300, HJ-302, HJ-500, HJ-502, HJ-700, HJ-702, HJ-700X
and HJ-702X. They were described as industrial-type, pistol
shaped hot air guns having different nozzle openings and heat
ratings. Each has an electric motor and fan that blows air
heated over an electric element wound on a mica core. These hot
air guns were said to be used to shrink plastic film and tubing,
cure epoxies, preheat materials, remove paint, remove or bend
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tiles. Two models used in thermoplastic welding applications,
are not in issue here.
The provisions under consideration are as follows:
8419 Machinery, plant or laboratory equipment, whether or not electrically heated, for the treatment of materials by a process involving
a change of temperature such as heating...; parts thereof:
Other machinery, plant or equipment:
8419.89 Other:
8419.89.90 Other
* * * *
8543 Electrical machines and apparatus, having individual functions, not specified or included elsewhere in [chapter 85]; parts thereof:
Other machines and apparatus:
8543.89 Other:
8543.89.96 Other
ISSUE:
Whether the hot air guns in issue are provided for in
heading 8419.
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.
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The Harmonized Commodity Description and Coding System
Explanatory Notes (ENs) constitute the 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 ENs should always be consulted. See T.D. 89-80. 54 Fed. Reg.
35127, 35128 (Aug. 23, 1989).
Relevant ENs at p. 1518 state in part that heading 8543
covers electrical apparatus not falling in any other heading of
Chapter 85 nor covered more specifically by a heading of any
other Chapter of the Nomenclature. The principal electrical
goods covered more specifically by other Chapters include
electrical machinery of Chapter 84. Therefore, hot air guns
provided for in an appropriate heading of Chapter 84 should be
classified there.
HQ 083699 specifically discounted the applicability of
heading 8419 by stating, on p. 3, that although the hot air guns
were used to heat various materials, the purpose of the heating
was not to "treat" the materials but to achieve a manufacturing
process by soldering or desoldering components, wrapping an
article in heat-shrink plastic, or softening paint for easy
cleaning of a surface. The ruling then cited relevant ENs
stating that heading 8419 excludes machinery in which the
heating, even if essential, is a secondary function designed to
facilitate the main mechanical function of the machine. The
ruling concluded that while the hot air guns performed no
mechanical function, they were used to facilitate mechanical
functions.
In fact, the hot air guns do treat epoxies, plastic, paints,
tiles or other materials by causing a transformation of those
materials resulting principally from the temperature change.
Machinery or plant of heading 8419 may or may not incorporate
mechanical equipment. The fan and motor in the hot air guns are
mechanical equipment, but they do not perform the main function
of these devices. The functions of the fan and motor are clearly
subordinate to the primary function of the hot air guns which is
to produce hot air. We conclude that the hot air guns are
described by heading 8419. For this reason, they are not
classifiable in the provisions of heading 8543. HQ 950571, dated
February 12, 1992, classified thermal breakout machines, which
utilized propane or natural gas torches to melt or otherwise
transform glass shapes, in an equivalent provision of heading
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8419. HQ 954370, dated September 1, 1993, similarly classified
electric hot air tools, nearly identical to the hot air guns in
issue here.
HOLDING:
Under the authority of GRI 1, hot air gun models HJ-300, HJ-302, HJ-500, HJ-502, HJ-700, HJ-702, HJ-700X and HJ-702X are
provided for in heading 8419. They are classifiable in
subheading 8419.89.90, HTSUS.
HQ 083699, dated May 26, 1989, is hereby modified with
respect to the listed hot air gun models. In accordance with 19
U.S.C. 1625(c)(1), this ruling will become effective 60 days
after its publication in the Customs Bulletin. Publication of
rulings or decisions pursuant to 19 U.S.C. 1625(c)(1) does not
constitute a change of practice or position in accordance with
section 177.10(c)(1), Customs Regulations (19 CFR 177.10(c)(1)).
Sincerely,
John Durant, Director
Commercial Rulings Division