HQ 951001

March 12, 1992

CLA-2 CO:R:C:M 951001 LTO

CATEGORY: Classification

TARIFF NO.: 8419.90.20; 8439.99.10

District Director

U.S. Customs Service

610 South Canal Street

Suite 217

Chicago, Illinois 60607

RE: Protest No. 3901-91-100892; Doctor Blade Holders; Parts

Thereof; 8443.90.50; HQ 085354; HQ 083183; Note 2(b) to Section

XVI; Note 2 to Chapter 84

Dear Sir:

This is our response regarding Protest No. 3901-91-100892,

dated August 19, 1991, which concerns the tariff classification

of doctor blade holders and parts thereof under the Harmonized

Tariff Schedule of the United States (HTSUS).

FACTS:

The articles in question are doctor blade holders and parts

thereof. A doctor is a thin, flexible blade or scraper, usually

made of metal, which is pressed along the entire length of a

rotating cylinder to lift the paper sheet off the surface of the

cylinder and to keep the cylinder free of pulp, dirt or other

contaminating materials. Doctor blade holders are used to

support the blade and press it at an oblique angle against the

surface of the cylinder. Doctors are used in all sections of

papermaking and paperboard-making machines, and may also be used

in off-machine applications, such as, in supercalenders and

coaters.

Specifically, the merchandise subject to this protest is the

Oracrepe blade holder and component parts of the Oraflex blade

holder. The imported parts of the Oraflex blade holder consist

of mounting plates, pressure plates, stainless steel fingers,

stainless steel tube retainers, stainless steel spacers, and

rubber seal strips. The protestant states that the Oracrepe

blade holder is completely assembled when imported. The Oraflex

components, on the other hand, represent approximately fifty

\- 2 -

percent of a complete Oraflex blade holder.

The Oracrepe blade holder is used solely to hold a doctor

blade against a Yankee dryer cylinder in the drying section of a

papermaking machine. The Oraflex blade holder, when fully

assembled, is primarily used in papermaking machine wet ends

(i.e., headbox and fourdrinier) and press sections.

The articles in question were both entered under subheading

8439.99.10, HTSUS, which describes parts of machinery for making

or finishing paper or paperboard. The articles were liquidated

under subheading 8443.90.50, HTSUS, which describes other parts

of printing machinery. Customs has conceded that this

classification was erroneous.

ISSUE:

Whether the Oracrepe blade holder and the component parts of

the Oraflex blade holder are classifiable under subheading

8439.99.10, HTSUS, which describes parts of machinery for making

or finishing paper or paperboard.

LAW AND ANALYSIS:

The General Rules of Interpretation (GRI\'s) to the HTSUS

govern the classification of goods in the tariff schedule. GRI 1

states in pertinent part that \"for legal purposes, classification

shall be determined according to the terms of the headings and

any relative section or chapter notes . . . .\"

1\. Oracrepe blade holder

The headings at issue 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 . . .,

other than machinery or plant of a kind

used for domestic purposes . . .; parts

thereof

\* \* \* \* \* \* \* \* \* \* \* \* \*

8439 Machinery for making pulp of fibrous

cellulosic material or for making or

finishing paper or paperboard (other than

the machinery of heading 8419); parts

thereof

\- 3 -

Note 2 to Chapter 84 states that \"a machine or appliance which

answers 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.\" Thus, if the

article in question is a machine of Heading 8419, HTSUS, it

cannot be classified under Heading 8439, HTSUS.

The Oracrepe blade holder is used solely in Yankee dryer

creping doctor applications. Yankee dryers are large, heated

cylinders which form the dryer section of a papermaking machine.

They are used between the press and calendering sections of a

papermaking machine to dry a continuous paper sheet. The paper

sheet is pressed tightly against the hot outer shell of the

Yankee cylinder by means of a pressure roller. The outer shell

of the cylinder is heated by steam that is passed through the

inner space of the cylinder. The heat evaporates moisture from

the paper sheet. Different types of paper can be produced

depending on the drying process used. This office has previously

classified the Yankee dryers under Heading 8419, HTSUS. See HQ

085354, dated June 7, 1990; HQ 083183, dated July 12, 1989.

Note 2(b) to Section XVI states that \"parts, if suitable for

use solely or principally with a particular kind of machine, or

with a number of machines of the same heading . . . are to be

classified with the machines of that kind.\" Therefore, the

Oracrepe blade holder, which is a part suitable for use solely

with the Yankee dryer, is classifiable under subheading

8419.90.20, HTSUS, which describes parts of machinery for the

treatment of materials by a process involving a change of

temperature, such as heating or evaporating.

2\. Component parts of the Oraflex blade holder

The importation in question consists of the following

component parts for the Oraflex blade holder: mounting plates;

pressure plates; stainless steel fingers; stainless steel tube

retainers; stainless steel spacers and rubber seal strips. These

component parts represent approximately fifty percent of a

complete Oraflex blade holder.

A complete Oraflex blade holder is much smaller than the

Oracrepe holder and is used primarily in paper machine wet ends

(i.e., headbox and fourdrinier) and press sections. It is

designed to provide uniform doctor blade to roll contact with

minimum blade pressure. It can also be used in off-paper machine

applications, such as, in supercalenders and off-machine coaters.

\- 4 -

The protestant believes that fifty to seventy-five percent of

these holders are used in paper machine wet ends and press

sections, twenty-five to thirty-five percent in calenders and

reel drums, and the balance in dryer sections.

It is our opinion that the Oraflex blade holder is used

principally with the papermaking machinery of Heading 8439,

HTSUS. Thus, according to Note 2(b) of Section XVI, these parts

(except for the rubber seal strip) are classifiable under

subheading 8439.99.10, HTSUS, which describes parts of machinery

for making paper or paperboard.

The rubber seal strip cannot be classified as a part of the

Oraflex blade holder. The protestant states that the seal strips

are imported in the form of a strip that is four inches in width,

on rolls that are approximately fifty feet long. After

importation, this material is cut to length to form the seals.

Classification of the rubber seal under Heading 8443, HTSUS, is

incorrect. However, because we do not have enough information

regarding this material, we cannot render a definite

classification opinion.

HOLDING:

The Oracrepe blade holder is classifiable under subheading

8419.90.20, HTSUS, which provides for \"\[m\]achinery, plant or

laboratory equipment, whether or not electrically heated, for the

treatment of materials by a process involving a change of

temperature . . ., other than machinery or plant of a kind used

for domestic purposes . . .; parts thereof . . . \[p\]arts . . .

\[o\]f machinery and plant for making paper pulp, paper or

paperboard.\" The corresponding rate of duty for articles of this

subheading is 2.4% ad valorem.

The component parts of the Oraflex blade holder, except for

the rubber seal strip, are classifiable under subheading

8439.99.10, HTSUS, which provides for \"\[m\]achinery for making

pulp of fibrous cellulosic material or for making or finishing

paper or paperboard (other than the machinery of heading 8419);

parts thereof . . . \[p\]arts . . . \[o\]ther . . . \[o\]f machinery

for making paper or paperboard.\" The corresponding rate of duty

for articles of this subheading is free.

As to the rubber seal strip, it is clear that the

classification under subheading 8443.90.50, HTSUS, is incorrect.

However, the protest with regard to this material must be denied

because we do not have enough information to determine its

specific classification. Moreover, any classification for this

material (i.e., under subheading 4008.29.00, 5906.99.20,

\- 5 -

5906.99.25, or 5911.10.20, HTSUS) would result in a higher rate

of duty than that given at liquidation and we do not have the

authority to collect the higher duty amount.

Accordingly, you should deny the protest, except to the

extent reclassification of the merchandise as indicated above

results in a net duty reduction and partial allowance. 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

Commercial Rulings Division