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NY 867712


Oct. 28, 1991

CLA-2-84:S:N:N1:103 867712

CATEGORY: CLASSIFICATION

TARIFF NO.: 8422.40.9080

Mr. Chris Kuehler
Archer Freight Systems, Inc.
P.O. Box 460067
San Antonio, TX 78246-0067

RE: The tariff classification of a wool baling press from Australia

Dear Mr. Kuehler:

In your letter dated September 4, 1991 on behalf of Woolsacks, Inc. you requested a tariff classification ruling.

The Lyco Power-Tech S wool press is used to compress wool into compact bales and place them into burlap sacks known as wool packs. This facilitates handling and transporting of the wool from farms and ranches to processing plants, warehouses, or other facilities.

The wool is initially placed in a top box with a 26 inch throat for ease in loading. A digital weigher keeps track of the amount of wool placed into the unit. The pressing cycle begins when the side pack holder lever is locked, the top box is fully loaded, and the top box doors are shut. Limit switches on the flap doors, top box, side pack clamp holders, and main door prevent the machine from operating if these are accidentally opened. Twin hydraulic rams developing 13 tons of thrust are utilized to compress the wool. At the end of the pressing cycle the doors automatically open so the bale can be removed and the process can begin again. The packs are pinned without piercing the wool, thus facilitating re-use of expensive wool sacks. The Power-Tech S, which will be imported without its motor, can produce up to 45 maximum weight bales in a day.

The applicable subheading for the Power-Tech S wool press will be 8422.40.9080, Harmonized Tariff Schedule of the United States (HTS), which provides for other packing or wrapping machinery: other. The rate of duty will be 3.6 percent ad valorem.

If the wool press is used on a farm or ranch in an agricultural pursuit, it may be classifiable in the provision for machinery, equipment and implements to be used for agricultural or horticultural purposes in subheading 9817.00.5000, HTS, and free of duty provided the requirements of Sections 10.131 - 10.139, Customs Regulations, are met.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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