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NY 807664




March 28, 1995

CLA-2-84:S:N:N1:104 807664

CATEGORY: CLASSIFICATION

TARIFF NO.: 8428.90.0090; 8451.80.0000; 8452.21.9000

Ms. Pamela M. Lane
Cargo Brokers International, Inc.
1808 Associates Lane, Suite A
Coffey Creek Int'l Business Center
Charlotte, NC 28217

RE: The tariff classification of textile machines from Italy

Dear Ms. Lane:

In your letter dated February 27, 1995, you requested a tariff classification ruling on behalf of Pam Trading.

The ROSSO HORIZON 015 is a linear linking machine with chain sock feeding. The model has the capability of linking socks of every gauge, i.e., by varying the seam pitch from 22 to 42 stitches per inch. The transmission and the sewing heads are contained in sealed oil housings. In addition, two chain cutter devices which are used to separate the socks from each other are enclosed in the sewing heads. The unit features a 0.70 HP motor and microswitches to stop the machine in case of yarn breakage. The upper part of the machine is movable in order to allow the operator to thread the sewing heads from the operating position.

The ROSSO ULTRATURN is a sock turning device which automatically turns linked socks of various types and gauges. It features a pneumatic expeller for sock discharge into containers and two sock counters - one counter which gives a total of the daily production and one counter, with preselector, to stop the machine at a predetermined quantity. The machine has two 0.18 KW motors. The ULTRATURN "3000" can be coupled to linear ROSSO linking machines while the ULTRATURN "3100" can be coupled to circular ROSSO linking machines. The ULTRATURN can, upon request, be equipped with the "DR 90" - a pneumatic laying out device for the stacking of turned socks. A complete work unit can be achieved by coupling the HORIZON 015 linking machine to the ULTRATURN (for the automatic turning of the socks after seaming) and the DR 90 (for the laying out and stacking of the turned socks).

The applicable subheading for the ROSSO HORIZON 015 linear linking machine will be 8452.21.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for sewing machines, other than book-sewing machines of heading 8440; furniture, bases and covers specially designed for sewing machines; sewing machine needles; parts thereof: other sewing machines: automatic units: other. The rate of duty will be 2 percent ad valorem.

The applicable subheading for the ROSSO ULTRATURN sock turning device shipped alone or as a functional unit together with the DR 90 laying out device will be 8451.80.0000, HTS, which provides for machinery (other than machines of heading 8450) for washing, cleaning, wringing, drying, ironing, pressing (including fusing presses), bleaching, dyeing, dressing, finishing, coating or impregnating textile yarns, fabrics or made up textile articles and machines for applying the paste to the base fabric or other support used in the manufacture of floor coverings such as linoleum; machines for reeling, unreeling, folding, cutting or pinking textile fabrics; parts thereof: other machinery. The rate of duty will be 4.8 percent ad valorem.

The applicable subheading for the DR 90 when shipped separately will be 8428.90.0090, HTS, which provides for other lifting, handling, loading or unloading machinery (for example, elevators, escalators, conveyors, teleferics): other machinery ... other: other. The rate of duty will be 1.6 percent ad valorem.

All of this equipment may be imported together in a single shipment. The applicable subheading for the functional unit formed by the ROSSO HORIZON 015, the ROSSO ULTRATURN and the DR 90 will be 8452.21.9000, HTS, which provides for sewing machines ... other sewing machines: automatic units: other. The rate of duty will be 2 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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