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NY 876002

July 9, 1992

CLA-2-84:S:N:N1:110 876002

CATEGORY: CLASSIFICATION

TARIFF NO.: 8445.11.0000; 9902.84.45; 8445.20.0000

Mr. L.J. Sutherland
Mountain Loom Co. Ltd.
P.O. Box 248
Curlew, WA 99118

RE: The tariff classification of Wool Carding Machines from Australia

Dear Mr. Sutherland:

In your letter dated June 23, 1992, you requested a tariff classification ruling.

The merchandise under consideration involves two models of carding machines that are designed for handling coarse wool fibers, mohair and fine Merino wool.

Model 500 is approximately 1.2 meters long and 720mm high, and is designed for producing either a continuous sliver or a wide batt. Carding is a process of opening and cleaning textile fibers, separating fibers from each other, laying them parallel, making them into a thin web, and condensing them into a continuous, untwisted fiber called a "sliver". This model will deliver an average of 8kg of wool or mohair per hour, and the yield is further increased if courser wool is used. The ten drums within the machine are driven by a single phase 3/4 H.P. electric motor which can be plugged into any household unit. The model 500 carder is very suitable for a country farmers Co-Op or small land owner who wishes to process some of their product for the local market or cottage industry.

Model 200 carder is the smaller brother of Model 500. It incorporates six drums for moving the wool fiber from the feed tray to the exit. It is driven by a 1/4 H.P. single phase motor, and can deliver an average of 4-5 kg per hour.

The applicable subheading for the two models of Carding machines will be 8445.11.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for carding machines (machines for preparing textile fibers). The duty rate will be 4.2 percent ad valorem. Duty on certain types of carding machines have been temporarily suspended. Subheading 9902.84.45, HTS, provides for the temporary free entry from most favored nations of carding and spinning machines specially designed for wool, other than machines specially designed for the manufacture of combed wool (worsted) yarns (provided for in subheading 8445.11.00 or 8445.20.00). This relates to entries made on or before December 31, 1992.

Your inquiry does not provide enough information for us to give a classification ruling on the "Roberta" electronic spinning wheel. Your request for a classification ruling should include specifics as to how or why this machine is designed specially for processing wool. The literature furnished indicates that this machine can spin fine yarns for lace making and still be able to make heavy bulky yarns for rug making. Please clarify whether this machine is "specially designed for spinning wool". If this machine does not qualify under the temporary free provision of 9902.84.45, it would be classifiable under HTS number 8445.20.0000, as a textile spinning machine, at a duty rate of 4.2 percent ad valorem.

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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