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NY 879640




November 17, 1992

CLA-2-84:S:N:N1:103 879640

CATEGORY: CLASSIFICATION

TARIFF NO.: 8422.30.9090

Ms. Kathleen Crawford
BDP International Inc.
1017 4th Avenue
Lester, PA 19029-1813

RE: The tariff classification of pouch packaging machines from France

Dear Ms. Crawford:

In your letter dated October 20, 1992 on behalf of James River Corp. you requested a tariff classification ruling.

With your inquiry you submitted literature on the models M3100 and M3200 pouch packaging machines. These machines are used to automatically form and fill flexible plastic pouches with milk or other liquids. In the model M3100, a blank or pre- printed roll of polyethylene film is unreeled and sterilized by means of ultra-violet tubes prior to being formed into pouches. Depending on the width of the film, the pouches can vary from 100 to 2000 milliliters in volume. The pouches are continuously filled from a constant level buffer tank, located at the top of the machine, which is fitted with a proportional valve and a ball-cock. Alarms warn when the end of the film reel is approaching or when the fluid level in the buffer tank is low. The frame of the M3100 is made of steel covered with stainless steel plates, while components which come into contact with the product are made of stainless steel. Depending on pouch volume, from 1000 to 3500 pouches can be filled in an hour. The model M3200 is substantially identical to the M3100, but contains two independent filling heads allowing it to produce from 2000 to 7000 pouches per hour.

You suggest these machines may be classifiable in the provision for dairy machinery in subheading 8434.20, Harmonized Tariff Schedule of the United States (HTS). They are also classifiable in the provision for machinery for filling, closing, sealing, capsuling or labeling bottles, cans, boxes, bags or other containers in subheading 8422.30, HTS. Note 2 to chapter 84 states that, subject to the operation of note 3 to section XVI, a machine or appliance which answers to a description in one or more of the headings 8401 to 8424 and at the same time to a description in one or more of the headings 8425 to 8480 is to be classified under the appropriate heading of the former group and not the latter. Accordingly, the applicable subheading for the models M3100 and M3200 pouch packaging machines will be 8422.30.9090, HTS, which provides for machinery for filling...other containers: machinery for filling...boxes, bags or similar containers: other. The rate of duty will be 3.6 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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