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NY 866498




September 11, 1991

CLA-2-84:S:N:N1:103 866498

CATEGORY: CLASSIFICATION

TARIFF NO.: 8422.40.9080; 8428.33.0000

Mr. J. Gilbert Donaldson
D. J. Powers Co., Inc.
P.O. Box 9239
Savannah, GA 31412

RE: The tariff classification of baling machines and conveyors from Holland

Dear Mr. Donaldson:

In your letter dated August 22, 1991 on behalf of Fishburne International. Inc. you requested a tariff classification ruling.

You submitted several brochures with your inquiry. One brochure describes the Boa Continette 25 universal bale press for the compression and baling of waste in the paper and cardboard manufacturing industries. This machine utilizes a hydraulically powered ram to compress the paper waste, and a binding system which wraps four wires horizontally around the compressed bale to bind it together. A second brochure describes the Continu 25, a similar baling machine for use on used paper. The Boa models 80- 1 and 80-2 are continuous balers for paper, plastic, or other types of waste, and contain a vertical wire strapping unit. The model 80-2 features a double drive for faster operation and a larger output.

The applicable subheading for the baling machines described above 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.

You also enclosed general brochures depicting various waste handling equipment, including conveyors, sorting bins, shredders, and separators. The applicable heading for belt conveyors will be 8428.33.0000, HTS, which provides for other continuous-action conveyors, for goods or materials: other, belt type. The rate of duty will be 2 percent ad valorem. Your inquiry does not provide enough information for us to give a classification ruling on the sorting bins, shredders, and separators. Your request for a classification ruling should include a detailed description of these articles, explaining what they do and how they operate.

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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