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HQ 089053


July 2, 1991

CLA-2 CO:R:C:M 089053 JMH

CATEGORY: CLASSIFICATION

TARIFF NO.: 8479.89.90, 8449.00.50

Pentti Pirinen
Manager
United Paper Mills Ltd.
Walkisoft Engineering
P.O. Box 40 SF-37601 Valkeakoski
FINLAND

RE: Wood pulp defibrator machines; forming sections and transfer sections of air laid dry forming machines; Chapter 84, Note 7; Additional U.S. Rule of interpretation l(a);

Dear Mr. Pirinen

Your February 21, 1991, request for a classification ruling concerning certain wood pulp defibrator machines and certain forming and transfer sections of air laid dry forming machines to be imported from Finland has been forwarded to this office.

FACTS:

The articles in question are wood pulp defibrator machines and forming and transfer (press and embossing) sections of an air laid dry forming machine. Air laid dry forming is a process whereby air, instead of water, is used to transport and deposit individual fibers onto a moving belt in order to form them into a continuous sheet or web. The air laid dry forming line consists basically of machines which prepare and feed pulp fibers, and the air laid forming machine. The air laid forming machine consists of forming, compacting, embossing, grinding, drying and reeling sections. The air laid dry forming process produces hybrid materials which combine the disposabilitY of paper products with the feel and absorbent qualities associated with textile materials. Products of the air laid dry forming process are used as wipes, towels, napkins, and hygiene and medical articles.

The fiber preparation area consists of a machine to unwind continuous sheets of pulp, a pulp defibrator machine to defribate the pulp sheets into individual fibers, and an air handling system which is used to blow the pulp fibers into the forming section of the air laid dry forming machine. The forming section consists of two perforated drums rotating inside a
housing known as the forming head. The fibers circulate horizontally between the drums and are drawn by means of a vacuum onto a belt which continuously moves beneath the rotating drums. This results in the formation of a continuous fiber web. The web passes through a press where it is compacted, and embossers where a pattern is imparted to the web in order to give it added strength. In the binder application section a latex emulsion is sprayed onto the material so that the fibers will adhere to each other and will not separate when moistened. The drying section is utilized to cure the binder and dry the web, thus increasing its resiliency and tactile qualities. Finally, the web passes through a calender and is wound onto a reel.

Dry forming has several advantages when compared to the conventional process of forming a web from a wet suspension. First, dry forming eliminates the need to move, recover and purify a vast amount of water. Secondly, dry forming reduces the energy requirements of the forming process. Thirdly, dry forming minimizes pollution.

ISSUE:

What is the appropriate classification for the defibrator machines and the forming and transfer sections of the air laid dry forming machines?

LAW AND ANALYSIS:

The classification of merchandise under the Harmonized Tariff Schedule of the United States Annotated ("HTSUSA") is governed by the General Rules of Interpretation ("GRIs"). GRI 1, HTSUSA, states in part that "for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes and...according ..to the following provisions." Classification is based upon the condition of the articles at the time of importation. United States v. Citroen, 223 U.S. 407 (1911).

The Defibrator Machines

The headings in contention for the classification of the defibrator machines are headings 8439 and 8479, HTSUSA. These headings describe the following

8439 Machinery for making pulp of fibrous cellulosic material or for making or finishing paper or paperboard (other than the machinery of heading 8419); parts thereof...

8479 Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter; parts thereof...

The defibrator serves to break a roll of continuous pulp into individual fibers which can then be blown to the forming section of the air laid forming machine. The defibrator does not make pulp, but takes pulp which has already been made and compressed into a continuous sheet at a pulp mill and crumbles this pulp. This crumbling results in individual pulp fibers. Such defibrators are also used with machines for the manufacture of diapers and other sanitary products, where the pulp is utilized as an absorbent layer.

The importer refers to this defibrator as a hammermill. Explanatory Note 84.39(I)(D), Harmonized Commodity Description and Coding System ("HCDCS") includes hammermills as an exemplar. HCDCS, Vol. 4, p.1228. The Explanatory Notes, although not dispositive, are to be referred to regarding the proper interpretation of the HTSUSA. 54 Fed. Reg 35127, 35128 (August 23, 1989). The defibrator in question is not analogous to the hammermill mentioned in Explanatory Note 84.39(I)(D). Explanatory Note 84.39(I)(D) refers to beaters. Beater hammermills consist of large tanks with a grinding rotor. Beater hammermills are used to beat pulp fibers suspended in water in order to improve the quality of the pulp fibers during the process of making pulp.

The principal purposes of the defibrators is to break up continuous rolls of pulp. The defibrators do not make paper, and thus, do not meet the terms of heading 8439 as required by GRI 1. The principal purpose of the defibrators is not specifically described by any heading. Therefore, Chapter 84, Note 7, HTSUSA, requires that the defibrators be classified under heading 8479. The proper classification for the defibrator machines is subheading 8479.89.90, HTSUSA, as "Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter; parts thereof...Other machines and mechanical appliances...Other..."

The Forminq and Transfer Sections

In order to classify the forming and transfer sections it is first necessary to classify the air laid forming machine of which the sections are parts. The importer states that the particular air laid forming machine into which the imported sections will be incorporated will form wood pulp into what is claimed to be a paper article. Thus, the importer believes that the classification of the air laid dry forming machines is in heading 8439. However, the literature submitted with the ruling request
also indicates that other raw materials, such as synthetic or natural textile fibers, can also be utilized by air laid dry forming machines. Therefore, classification in heading 8449, HTSUSA, must also be considered. Thus, the headings in contention are headings 8439 and 8449. These headings describe the following:

8439 Machinery for making pulp of fibrous cellulosic material or for making or finishing paper or paperboard (other than the machinery of heading 8419); parts thereof...

8449 Machinery for the manufacture or finishing of felt or nonwovens in the piece...

Chapter 84, Note 7 states that when a machine is used for more than one purpose, its principal purpose is to be treated as its sole purpose. Additional U.S. Rule of Interpretation l(a), HTSUSA, requires that the principal use of an article is deemed to be the principal use of the class or kind of articles in the United States at the time of importation.

It is the opinion of this office that the principal use of air laid dry forming machines in the United States at this time is the production of nonwovens. Thus, the principal purpose of the air laid dry forming machines in question is the production of nonwovens. Explanatory Note 84.49, HCDCS, states that heading 8449 includes "[m]achines for the manufacture of nonwovens (such as those employing the dry process, wet process or direct spinning)." HCDCS, Vol. 4, p. 1254. We note that machines of this type are advertised in Nonwovens Industry magazine. Additionally, in "Flexibility of Air Forming in Engineered Nonwovens" published in the February, 1987, issue of Nonwovens Industry, the ability of air laid dry forming machines to utilize various feedstocks other than wood pulp to produce nonwoven materials is emphasized. These other feedstocks include fiberglass, polyester, polypropylene, nylon, mineral wool, ceramic fiber, carbon fiber, rayon and other natural and man-made fibers.

The air laid dry forming machines in question are of the class of kind of machines used principally in the United States for the production of nonwovens. Thus, in accordance with Chapter 84, Note 7 and GRI 1, the air laid dry forming machines meet the terms of heading 8449. The forming and transfer (press and embossing) sections are parts of the machines of heading

8449. The proper classification for the forming and transfer sections is subheading 8449.00.50, HTSUSA, as "Machinery for the manufacture or finishing of felt or nonwoVens in the piece..."

HOLDING:

The principal purposes of the defibrators in question is to break up continuous rolls of pulp. The principal purpose of the defibrators is not specifically described by any heading. Therefore, Chapter 84, Note 7, HTSUSA, requires that the defibrators be classified under heading 8479. The proper classification for the defibrator machines is subheading 8479.89.90, HTSUSA, as "Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter; parts thereof...Other machines and mechanical appliances...Other..."

The air laid dry forming machines in question are of the class or kind of machines used principally in the United States for the production of nonwovens. Thus, in accordance with Chapter 84, Note 7 and GRI 1, the air laid dry forming machines meet the terms of heading 8449. The forming and transfer (press and embossing) sections are parts of the machines of heading 8449. The proper classification for the forming and transfer sections is subheading 8449.00.50, HTSUSA, as "Machinery for the manufacture or finishing of felt or nonwovens in the piece..."

Sincerely,

John Durant, Director
Commercial Rulings Division

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