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NY 818509




January 30, 1996

CLA-2-84:RR:NC:1:103 818509

CATEGORY: CLASSIFICATION

TARIFF NO.: 8477.30.0000

Mr. Lee C. Wanatowicz
Van Leer Containers, Inc
4300 West 130th Street
Chicago, IL 60658

RE: The tariff classification of a molding machine from Germany

Dear Mr. Wanatowicz:

In your letter dated January 11, 1996 you requested a tariff classification ruling.

In a previous ruling letter, file number NY 817209 of December 19, 1995, we advised you that the Rikutec BM co-extrusion blow-molding machine was classifiable in subheading 8477.30.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for machinery for working rubber or plastics or for the manufacture of products from these materials, not specified or included elsewhere...: blow-molding machines. The current rate of duty for articles classified in this subheading is 3.6 percent ad valorem.

In your letter of January 11, you state that there is no source in the United States for this particular type of molding machine and you ask whether, in view of this fact, the Rikutec BM co-extrusion blow-molding machine could be imported free of duty.

There is no provision in the HTS which would allow this machine to be imported free of duty under the circumstance you describe.

Accordingly, the applicable subheading for the Rikutec BM co-extrusion blow-molding machine remains 8477.30.0000, HTS.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Alan Horowitz at 212-466-5494.

Sincerely,

Roger J. Silvestri
Director

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