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NY 806782




March 6, 1995

CLA-2-84:S:N:N1:103 806782

CATEGORY: CLASSIFICATION

TARIFF NO.: 8479.30.0000

Mr. R. Mike Gilroy
Stramit U.S.A., L.L.C.
PO Box 885
Perryton, TX 79070

RE: The tariff classification of a straw press machine from England

Dear Mr. Gilroy:

In your letter dated February 8, 1995 you requested a tariff classification ruling.

You submitted literature describing the Stramit machine which is used to make rigid building panels from waste straw or similar fibrous materials. The machine features a bale opener, straw cleaner, board former, board run out, cut-off saw and end sealer. Bales of straw are fed on a conveyor through the bale opener and straw cleaner in order to remove chaff and other unwanted elements. The straw then enters the press where it is both compressed and subjected to heat at a temperature of up to 250 degrees Centigrade. As a result of the compression and heat, the straw releases a natural "resin" which acts to bond it into a rigid continuous board. Recycled paper is then glued to the exterior sides of the board, and it is cut into panels by the semi-automatic saw and delivered to the end sealing station. The Stramit panels can be produced in a range of sizes, but commonly will be 12 feet long, 4 feet wide and 2.25 inches thick. The panels can be used in residential and commercial applications to form walls, partitions, ceilings, and floors, and can also be used in furniture or as packaging.

In your letter you stated that the manufacturing process utilized by the Stramit machine is environmentally safe, as it neither produces nor uses any toxic chemicals or contaminants. In view of this, as well as the fact that the machine utilizes a waste material to produce an economically beneficial product, you requested the Stramit machine be allowed into the United States free of duty.

The United States Customs Service is an administrative agency which lacks the legal authority to grant duty-free entry to imported merchandise. We are not aware of any tariff provision which would allow this machine to be imported free of duty.

The applicable subheading for the Stramit machine will be 8479.30.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for presses for the manufacture of particle board or fiber building board of wood or other ligneous materials and other machinery for treating wood or cork. The rate of duty will be 3 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

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