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NY 805664




January 24, 1995

CLA-2-84:S:N:N1:106 805664

CATEGORY: CLASSIFICATION

TARIFF NO.: 8438.60.0000

George R. Tuttle, Esq.
George R. Tuttle, P.C.
Three Embarcadero Center, Suite 1160
San Francisco, CA 94111

RE: The tariff classification of various sorters/graders/screeners from England

Dear Mr. Tuttle:

In your letter dated January 11, 1995 on behalf of your client, Sortex-Scancore you requested a tariff classification ruling. You enclosed descriptive literature with your request.

This request concerns the classification of Sortex Models 6000, 8200 and 8400 which are used to sort, grade and screen a large variety of prepared foods. In your correspondence you state that these models function similarly to Sortex Model 4500 which was classified in Customs Headquarters ruling 086535 of June 13, 1990 in subheading 8438.60.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for machinery for the preparation of fruits, nuts or vegetables.

Sortex Model 6000 is a wide-belt, full-range color sorter/grader/screener/rejector. An optical system consisting of video cameras with selected color filters is used in conjunction with a powerful lighting pack consisting of fluorescent tubes and incandescent bulbs. High speed air ejectors, designed to remove foreign matter and defective food. allow for a high rate of flow. This model has sorting parameters for up to 20 different products, allowing for the processing of these goods in their, dry, frozen or wet condition. Among the products processed by this machine are breakfast cereals, various diced fruits and vegetables, frozen diced tomatoes, and other fruits and vegetables.

Sortex models 8200 and 8400 perform the same basic sorting/grading/screening operations as the Sortex 6000, but have varying features. The Sortex 8200 has a 10-inch and 20 high- speed air ejectors. The Sortex 8400 has a 20-inch conveyor and 40 high-speed air ejectors. Both models perform light (illuminated) sorting, dark sorting or, simultaneously, both types of sorting. Typical applications for these models include the following food products: rice, small grains, peanuts, beans, dehydrated fruits and vegetables, peas and breakfast cereals.

The applicable subheading for the Sortex models 6000, 8200 and 8400 will be 8438.60.0000, HTS, which provides for machinery for the preparation of fruits, nuts or vegetables. The rate of duty will be 2.8 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
New York Seaport

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