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NY 882101




February 12, 1993

CLA-2-84:S:N:N1:103 882101

CATEGORY: CLASSIFICATION

TARIFF NO.: 8439.10.0010; 8421.29.0060

Mr. Dario Basso
Kasho (U.S.A.) Inc.
8725 West Higgins Road, Suite 480
Chicago, IL 60631

RE: The tariff classification of de-inking machinery from Japan

Dear Mr. Basso:

In your letter dated January 20, 1993 you requested a tariff classification ruling.

You requested a ruling on four machines manufactured by Shinhama Pump Mfg. Co. which are used in the process of making pulp from waste paper. The machines are utilized in that portion of the pulping process involved with de-inking waste paper stock.

The Type CCE High Consistency Kneader mechanically separates insoluble printer inks found in office waste paper. It utilizes an intense kneading action to reduce the ink particles to an ultrafine size for subsequent removal in a flotator machine. It also breaks up any remaining paper lumps and sticky contaminants, and disperses fine contaminants such as dirt in order to produce greater brightness in the de-inked pulp. Office waste paper which has been previously ground into pulp and thickened to a consistency of about 30 percent is fed into the kneader by a screw conveyor. The stock is kneaded between rotors and stators, which rotate at different speeds to produce greater interfiber friction. The fiber to fiber rubbing action separates the ink from the pulp and reduces the ink to ultrafine particles with minimum injury to the pulp fibers. The stock remains in the machine for 2-3 minutes before exiting through the discharge valve.

The Type HIF Hi-Flo Flotator is used to remove the small ink particles from the stock utilizing centrifugal force in a pressurized cell. The stock, with a consistency of about 1 percent, enters through a stock inlet and is distributed to several nozzles. At the nozzle air enters the stock and the resulting froth of air and stock is then ejected into the mixing chamber. The frothy mixture flows into the cone shaped bottom of the machine where the ink particles, which adhere to the air bubbles, and other contaminants separate from the stock due to cyclonic action. The stock and contaminants then exit through separate outlets.

The Dax-5 Reverse Cleaner is designed to remove lightweight contaminants from the stock by means of centrifugal force. In the inlet zone a specially designed impeller and casing create a vortex in stock with a consistency of 1 percent or less. In the separation zone, the lightweight contaminants move toward the center of the vortex, while the heavier pulp fibers move toward the wall of the unit. In the accept zone the stock exits through an outlet, while the contaminants leave through a reject pipe.

The SP-Filter is designed to recover pulp fibers from waste water used in the de-inking process. The stock, with a consistency of about 6 percent, is concentrated on a rotating cylinder with a fine mesh screen. Shower water is sprayed onto the pulp mat formed on the cylinder, washing contaminants from the pulp. The water and contaminants pass through the mesh screen, leaving thickened stock on the screen.

The applicable subheading for the Type CCE High Consistency Kneader will be 8439.10.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for new machinery for making pulp of fibrous cellulosic material. The rate of duty will be free.

You claim the Flotator, Reverse Cleaner, and SP Filter are also classifiable in this provision. While these machines are used in the process of making pulp, they are also classifiable in the provision for filtering and purifying machinery and apparatus for liquids of heading 8421, HTS. Note 2 to Chapter 84, which encompasses these provisions, states that 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 Flotator, Reverse Cleaner, and SP Filter will be 8421.29.0060, HTS, which provides for filtering and purifying machinery and apparatus for other liquids. The rate of duty will be 3.9 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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