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NY 899885




August 4, 1994

CLA-2-84:S:N:N1:103 899885

CATEGORY: CLASSIFICATION

TARIFF NO.: 8422.40.9080; 3920.10.0000

Mr. Daniel J. Laury
Probag
142, Ave. de Malakoff
F-75116 Paris, France

RE: The tariff classification of a wrapping machine and film from France

Dear Mr. Laury:

In your letter dated July 1, 1994 you requested a tariff classification ruling.

The Probag wrapping machine provides plastic protection for luggage, parcels, and small freight. It is designed to automatically wrap these articles in a transparent plastic film and heat shrink the film. The wrapped article is thus resistant to accidental opening, theft of contents, or damage due to bad weather. In addition, this process prevents dangerous or illegal items from being placed in the article after it has undergone examination.

The luggage or freight is placed on the Probag's entrance conveyor belt, which automatically causes the belt to begin to move forward. The article is wrapped in the plastic film and the film is heated, causing it to shrink and form a tight seal. Handles are left free of film to allow the article to be carried. The machine can hold two rolls of plastic film, providing it with the capacity to cover approximately 1500 articles before reloading. The Probag can be equipped with either a paybox for self-service use or with a meter for measuring the amount of film used. The Probag is available in three models, designated 1100-S, 1100-P, and 1200, and can wrap 6-8 articles per minute.

The rolls of film are made of low density polyethylene plastic 40 to 60 microns in thickness. The film can accept printing, such as an airline logo or advertizing slogan, and is completely recyclable.

The applicable subheading for the Probag wrapping machine will be 8422.40.9080, Harmonized Tariff Schedule of the United States (HTS), which provides for other packing or wrapping machinery: other: other. The rate of duty will be 3.6 percent ad valorem.

The applicable subheading for the film rolls, whether or not imported with the Probag machine, will be 3920.10.0000, HTS, which provides for other plates, sheets, film, foil and strip, of plastics, noncellular and not reinforced, laminated, supported or similarly combined with other materials, of polymers of ethylene. The rate of duty will be 4.2 percent ad valorem.

No "official authorization" is needed to import this merchandise into the United States. Customs document forms are available at the port where the merchandise will be entered.

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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