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HQ 956019


June 28, 1994

CLA-2 CO:R:C:M 956019 RFA

CATEGORY: CLASSIFICATION

TARIFF NO.: 8468.20.10

Mr. Dimitri Droujinine
1200 Crystal Drive # 1611
Arlington, VA 22202

RE: CAM-1 Water Torch; Electrolyzer; Gas-operated appliances for working metal; EN 84.68; NY 800248

Dear Mr. Droujinine:

This is in response to your letter dated February 28, 1994, concerning the tariff classification of the CAM-1 water torch under the Harmonized Tariff Schedule of the United States (HTSUS).

FACTS:

The CAM-1 water torch, which you state is manufactured in Russia, is an electrolyzer which makes a hydrogen/oxygen flame from distilled water through electrolysis. It is used by jewelry manufacturers for heating, soldering, and welding metals. The manual states that the CAM-1 water torch generates an oxy- hydrogen flame based on the principle of separate production of oxygen and hydrogen by means of non-alkaline membrane electrolysis of distilled water. The generator provides for independent work of 1 or 2 burners. The CAM-1 consists of a hydrogen and oxygen generator; a gas preparation unit; hydrogen gas burners with stands; and tips (nozzles).

ISSUE:

Is the CAM-1 water torch classifiable as a gas-operated appliance for working metal 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 shall be determined according to the terms of the headings and any relative section or chapter notes.

In your letter, you indicate that the CAM-1 is a hand-held water torch which is used by jewelry manufacturers for heating and soldering metals. Soldering, brazing or welding machinery and apparatus are provided for under heading 8468, HTSUS. The Harmonized Commodity Description and Coding System Explanatory Notes (EN) constitute the Customs Cooperation Council's official interpretation of the HTSUS. While not legally binding, the ENs provide a commentary on the scope of each heading of the HTSUS and are generally indicative of the proper interpretation of these headings. See T.D. 89-80, 54 Fed.Reg. 35127, 35128 (August 23, 1989). EN 84.68, page 1291, provides what type of appliance falls within the provision for gas-operated appliances for working metal, etc. In pertinent part, it reads as follows:

All the appliances of this group have an arrangement for bringing two gases to the nozzle which has two outlets, either concentric or side by side; one of the gases is inflammable (acetylene, butane, propane, coal, gas, hydrogen, etc.) and the other compressed air or oxygen.

The heading covers hand-operated appliances and also machines.

The CAM-1 water torch meets the definition of gas-operated appliances for working metal because it brings two gases, hydrogen and oxygen, together in order to produce a flame for heating, soldering or welding metals.

Under the Tariff Schedules of the United States (TSUS), the precursor to the HTSUS, Customs classified a water welder used in the jewelry field for brazing, soldering and welding operations under item 674.80, TSUS, which provided for gas-operated welding, cutting and surface-tempering appliances, hand-directed or -controlled. See NY 800248 (March 17, 1981). Congress has indicated that earlier rulings must not be disregarded in applying the Harmonized Code. The conference report to the Omnibus Trade Bill states that on a case by case basis prior decisions should be considered instructive in interpreting the HTSUS, particularly where the nomenclature previously interpreted in those decisions remains unchanged and no dissimilar interpretation is required by the text of the HTSUS. H.Rep No. 100-576, 100th Cong., 2D Sess. 548 (1988) at 550.

The description for gas-operated welding torches under the HTSUS does not materially differ from item 674.80, TSUS (the precursor provision to subheading 8468.20.10, HTSUS), which provides for gas-operated welding, cutting and surface-tempering appliances, hand-directed or -controlled. Therefore, we find that the CAM-1 water torch is classifiable under subheading 8468.20.10, HTSUS, which provides for: "[m]achinery and apparatus for soldering, brazing or welding, whether or not capable of cutting. . . ; gas-operated surface tempering machines and appliances. . . : [o]ther gas-operated machinery and apparatus: [h]and-directed or -controlled. . . ."

HOLDING:

The CAM-1 water torch is classifiable under subheading 8468.20.10, HTSUS, which provides for: "[m]achinery and apparatus for soldering, brazing or welding, whether or not capable of cutting. . . ; gas-operated surface tempering machines and appliances. . . : [o]ther gas-operated machinery and apparatus: [h]and-directed or -controlled. . . ." The general, column one rate of duty is 5.7 percent ad valorem.

Sincerely,

John Durant, Director
Commercial Rulings Division

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