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HQ 958622




DECEMBER 26, 1995

CLA-2 RR:TC:MM 958622 JAS

CATEGORY: CLASSIFICATION

TARIFF NO.: 8428.90.00

Mr. William Oberdieck
Herwo Die Changing
P.O. Box 1076
Southgate, Michigan 48195

RE: PC 867115 Superseded; Apparatus Used With Power Press; Hydraulic Roller Die Lifters RLH, KLH, EKH, Lifting, Handling, Loading and Unloading Machinery

Dear Mr. Oberdieck:

In a pre-entry classification opinion, PC 867115, dated October 5, 1991, issued by the District Director (now Port Director) of Customs at Detroit, certain hydraulic roller die lifters, among other articles used with power presses, were held to be classified under subheading 8466.30.30, Harmonized Tariff Schedule of the United States (HTSUS), as other special attachments for machine tools. This is incorrect and no longer represents the position of the Customs Service.

FACTS:

Hydraulic roller die lifters, designated RLH, KLH and EKH, are listed as the eleventh item in PC 867115. These articles, also referred to as hydraulic rollblocks, are used with large power presses to lift and manipulate dies or tools used with the press. As imported, these articles consist of a machined steel block drilled and ported to provide a passage for pressurized hydraulic fluid. Each block has numerous holes machined into it that act as cylinders, each of which is fitted with a U-shaped piston. A ball or transfer unit consisting of a metal body encasing a large, hollow steel ball or roller which freely rotates on a bed of smaller, solid steel balls, is inserted into each piston. When hydraulic pressure is applied the pistons move upward inside the cylinders causing the balls or rollers to raise or lower. This permits heavy dies or tools used with the press to be lifted and handled. - 2 -

The provisions under consideration are as follows:

8428 Other lifting, handling, loading or unloading machinery . . .:

8428.90.00 Other machinery...1.6 percent

8466 . . . [D]ividing heads and other special attachments for machine tools . . .:

8466.30 Dividing heads and other special attachments for machine tools:

Other special attachments:

8466.30.30 Machines...3.5 percent

ISSUE:

Whether hydraulic roller die lifters are lifting or handling machinery of heading 8428.

LAW AND ANALYSIS:

Merchandise is classifiable under the Harmonized Tariff Schedule of the United States (HTSUS) in accordance with the General Rules of Interpretation (GRIs). GRI 1 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 provided the headings or notes do not require otherwise, according to GRIs 2 through 6.

Subject to certain exceptions that are not relevant here, goods that are identifiable parts of machines or apparatus of chapters 84 or 85 are to be classified accordance with Section XVII, Note 2, HTSUS. Note 2(a) states that parts which are goods included in any of the headings of chapters 84 and 85 (other than headings 8485 and 8548) are in all cases to be classified in their respective headings. Notes 2(b) and (c) provide for parts that are not classifiable by virtue of Note 2(a).

In this case, literature on the hydraulic die lifters describe how the pistons in each segment "raise" the whole ledge thus allowing the tool to be "moved" in a linear direction. The literature describes how the balls of the transfer unit are "raised",, thus - 3 -
guaranteeing easy "handling" and "positioning" of the press tools. The name die lifter, together with descriptions in the literature and other evidence as to their function, clearly indicate that these hydraulic roller die lifters perform a lifting or handling function appropriate to goods of heading 8428.

HOLDING:

Under the authority of GRI 1, hydraulic roller die lifters RLH, KLH and EKH are provided for in heading 8428. They are classifiable in subheading 8428.90.00, HTSUS, as other machinery.

PC 867115, dated October 3, 1991, is superseded with respect to the hydraulic die lifters in issue.

Sincerely,

John Durant, Director
Tariff Classification
Appeals Division

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