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NY 878799

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October 19, 1992

CLA-2-84:S:N:N1:104 878799

CATEGORY: CLASSIFICATION

TARIFF NO.: 8422.30.9040; 8428.33.0000; 8428.39.0000; 8458.19.0050; 8460.29.0010; 8537.10.0060; 9031.80.0080

Mr. Harry Paskewicz
92 County Line Road
Colmar, PA 18915-9607

RE: The tariff classification of machinery from France, Germany, Italy and Sweden.

Dear Mr. Paskewicz:

In your letter dated September 25, 1992 you requested a tariff classification ruling.

Item 1 is a rod loading magazine, model AS325/62CT (Italy). The magazine will accept a quantity of full length rod bar stock and automatically dispense one length at a time to Item 2, the Traub cam-controlled automatic screw machine (Germany). The Traub Model TD26 is a non-CNC, single spindle machine. Nine rod loading magazines will be shipped to Germany and combined with nine screw machines. Items 1 and 2 will then be shipped to the U.S.

Items 3 and 5 are belt type rod conveyors. Item 4 is a rod hopper/step conveyor assembly (also described as a vertical walking beam conveyor). Item 8 is a rod stacking mechanism which stacks the rods in a cage type metal container. These items are all made in Germany and do not have full "on board" controls. A separate programmable controller will control these machines as well as other equipment not part of this ruling request.

Item 6 is a Lidkoping Model 630 Centreless Grinder. Two of these non-CNC grinding machines will be shipped directly from Sweden. The belt type rod conveyors feeding the rods to the grinders will be imported separately from Germany.

Item 7 is described as an automatic compensation system (France) that measures rod diameters and automatically provides a signal for compensation (diameter correction). The system consists of a ring type pneumatic transducer and an electronic computing module. Two of these systems will be integrated with the two grinders above after importation. They will not be shipped with the grinders.

The rod loading magazines, item 1, will be classified with the screw machines, item 2, as a functional unit under subheading 8458.19.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for other horizontal lathes for removing metal. The rate of duty will be 4.4 percent ad valorem.

The applicable subheading for Items 3 and 5, the belt type rod conveyors, will be 8428.33.0000, HTS, which provides for other conveyors, belt type. The rate of duty will be 2 percent.

The rod hopper/step conveyor assembly is classified under 8428.39.0000, HTS, which provides for other conveyors, other. The rate of duty will be 2 percent.

The applicable subheading for Item 8, the automatic rod stacking mechanism, will be 8422.30.9040, HTS, which provides for machinery for filling bottles, cans or similar containers. The rate of duty will be 3.6 percent.

The programmable controller which controls items 3,4,5 and 8 will be classified under HTS subheading 8537.10.0060 which provides for other bases, equipped with two or more apparatus of heading 8535 or 8536, for electric control or the distribution of electricity: For a voltage not exceeding 1,000 V ... Other ... Programmable controllers. The rate of duty will be 5.3 percent.

The applicable subheading for Item 6, the Lidkoping grinders, will be 8460.29.0010, HTS, which provides for other grinding machines, in which the positioning in any one axis can be set up to an accuracy of at least 0.01 mm: other. The rate of duty will be 4.4 percent.

The applicable subheading for item 7, the automatic compensation system, will be 9031.80.0080, HTS, which provides for measuring or checking instruments, appliances, and machines, not specified or included elsewhere in this chapter. The rate of duty will be 4.9 percent.

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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See also:

• Tariff No.: 8422.30.90 - Machinery for filling,closing,sealing, capsuling or labeling bottles, cans, boxes or other containers;machinery for aerating beverages; nes
• Tariff No.: 8428.33.00 - Belt type continuous-action elevators and conveyors, for goods or materials
• Tariff No.: 8428.39.00 - Continuous-action elevators and conveyors, for goods or materials, nesi
• Tariff No.: 8458.19.00 - Horizontal lathes (including turning centers) for removing metal, other than numerically controlled
• Tariff No.: 8460.29.00 - Other grinding machines for metal or cermets, w/positioning accuracy in any one axis of at least 0.01 mm, other than numerically controlled
• Tariff No.: 9031.80.00 - Measuring and checking instruments, appliances and machines, nesi