The tariff classification of a clean enclosed burner from the Netherlands

NY K88616 October 18, 2004 CLA-2-84:RR:NC:1:104 K88616 CATEGORY: Classification TARIFF NO.: 8417.80.0000 Mr. Keith Landry Kuehne & Nagel 235 Southfield Parkway Forest Park, GA 30297 RE: The tariff classification of a clean enclosed burner from the Netherlands Dear Mr. Landry: In your letter dated September 29, 2004 on behalf of Bekaert Combustion Technology of Kennesaw, Georgia you requested a tariff classification ruling. The Clean Enclosed Burner (hereinafter CEB) will be used chiefly for burning waste gases and hydrocarbon fumes. This is a smokeless system and has almost no heat radiation and no outwardly visible flame. It is said to be a new alternative to conventional flare systems currently in use at refineries and industrial processing facilities. The system exceeds a combustion efficiency of 99.99%. It is a modular system so that additional units can be added side by side at any time. The units are generally delivered to the desired location on a flatbed truck. The product literature states that CEB employs a premixed surface combustion system. Surface combustion is a burning technique in which premixed gas and air burns on a permeable medium. The mixture will be ignited above the burner surface. Combustion will take place in the combustion chamber by providing short blue flames. The burner is made from woven metal fibers. The fiber mat consists of several layers of metal fibers made of a special alloy capable of withstanding temperatures up to 1300 degrees C. Heat is released in convection form. The flame is shielded and directed upward by insulated walls. A typical CEB system consists of the following parts: steel structure, stainless steel diffuser, stainless steel pre-mix chamber, burner deck equipped with permeable medium, gas piping, centrifugal fan, air supply control, flue gas temperature monitoring, pilot system with automatic electric ignition, valves, flame arrestor, emission measuring ports and a stack 6’ high. You ask that heading 8421 be considered. Heading 8421 provides for filtering or purifying machinery and apparatus for liquids and gases. You compare the CEB to a catalytic converter, classified in subheading 8421.39.40, because of its heated media ignition and cleansing process regarding waste gases. Based on the product literature however, the CEB is essentially a waste gas incinerator. The applicable subheading for the Clean Enclosed Burner will be 8417.80.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for industrial or laboratory furnaces and ovens, including incinerators, non-electric, and parts thereof: other, except parts. The rate of duty will be 3.9 percent. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Robert Losche at 646-733-3011. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division