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NY 806780




February 16, 1995

CLA-2-84:S:N:N1:106 806780

CATEGORY: CLASSIFICATION

TARIFF NO.: 8436.80.0090; 8214.90.9000

Ms. Susan R. McCabe
The Hipage Company, Inc.
227 E. Plume Street
Norfolk, VA 23410

RE: The tariff classification of mechanical clippers and spare parts from Australia

Dear Ms. McCabe:

In your letter dated February 2, 1995 you requested a tariff classification ruling. You included descriptive literature with your request.

You request the classification of the "Super-Grip" Handpiece mechanical clippers, cutter blades and combs, and various spare parts for the unit. This mechanical clipper is principally used to shear sheep. It is connected to either a solid downtube or flexible downtube transmission. These tubes are in turn connected to a 1/2 horsepower electric motor which is usually fixed to a wall but can be portable and which powers the handpiece. There are a wide variety of cutter combs that the clipper can accommodate, along with 3-point or 4-point cuter blades. In addition you also inquire about the classification of a large variety of spare parts for this unit.

The applicable subheading for the "Super-Grip" Handpiece mechanical clipper will be 8436.80.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for other agricultural machinery. The rate of duty will be free.

The applicable subheading for the cutter combs and cutter blades will be 8214.90.9000, HTS, which provides for parts of hair clippers. The rate of duty will be 1.9 cents each plus 4.3 percent ad valorem.

You also inquired about the classification of spare parts for this "Super-Grip" Handpiece. In general, parts which are goods included in any of the headings of chapters 84 and 85 are classified in their respective headings. Other parts, if not excluded from section XVI or chapter 84 and if suitable for use solely or principally with these machines. Following these principles, spare parts for the "Super-Grip" Handpiece are generally classifiable in the provision for parts of other agricultural machinery in subheading 8436.99.0090, HTS. The rate of duty is also free. However, caution should be exercised that any particular spare part is not excluded from Chapter 84 by operation of Section XVI Note 1 or Chapter 84 Note 1.

Subheading 9817.00.60, HTS, provides for the free entry of parts to be used in agricultural or horticultural machinery provided for in headings 8432, 8433, 8434 and 8436. As these parts are to be used in an article classifiable in heading 8436, they would be eligible for duty-free treatment under subheading 9817.00.60 if they are alternatively classified in a dutiable provision and if in conformity with Sections 10.131-139 of the Customs regulations.

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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