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NY A89896




December 24, 1996

CLA-2-84:RR:NC:1:103 A89896

CATEGORY: CLASSIFICATION

TARIFF NO.: 8421.29.0065; 8439.10.0010; 8479.82.0040

Ms. Connie Groat
Freight-Base Customs Brokers, Inc.
PO Box 66479
Chicago AMF, IL 60666

RE: The tariff classification of machines used in making cellulosic pulp from Germany

Dear Ms. Groat:

In your letter dated November 22, 1996 on behalf of Voith Sulzer Paper Technology you requested a tariff classification ruling.

With your inquiry you submitted descriptive literature on the following items:

1. Type MA propeller agitator - used in vertical and horizontal chests for agitating and mixing stock, pulp, groundwood, etc.

2. Type MAC propeller agitator - used for the agitation and mixing of fibrous stock suspensions in vertical and horizontal chests, particularly in waste paper preparation systems.

3. EconoMix vertical agitator - used for homogenizing suspensions in pulper dump chests, intermediate chests, storage chests, and backwater tanks.

4. KS200/06, KS200/15, and KS250/15 centrifugal cleaners - used for separating and removing small granular particles such as shives or stones from pulp stock having a consistency of 1.5 - 2.5 percent.

5. Ragger machine - used for collecting and continuously removing wires, rags, strings and similar debris in the form of a rope by initially inserting primer wires into a pulper machine and rotating the wires in the stock.

6. Fiberizer machine - used to remove trash from pulp stock by means of a screen plate and rotor.

In Ruling Letter HQ 956831 dated January 9, 1995 the Customs Service held that certain chest agitators, having physical characteristics and design features which establish that they were only used for processing pulp, were classifiable in the provision for machinery for making pulp of fibrous cellulosic material. The submitted literature on the type MA and type MAC agitators indicates they utilize stainless steel on those components which come into contact with the stock, and have a wear-resistant protective sleeve over the propeller shaft. In addition, they feature heavy blades which are specially shaped to withstand the forces generated in agitating pulp suspensions. Accordingly, the applicable subheading for the type MA and type MAC propeller agitators will be 8439.10.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for machinery for making pulp of fibrous cellulosic material. The rate of duty will be free.

Ruling Letter HQ 956831 also discussed the classification of certain vertical agitators and held that, in the absence of physical characteristics and special design features such as found on the chest agitators, these agitators were general purpose units not classifiable as pulp making machinery. Likewise, the literature on the EconoMix vertical agitator does not describe any physical characteristics or special design features which would limit its use to pulp processing. Therefore, like the vertical agitators in Ruling Letter HQ 956831, the applicable subheading for the EconoMix vertical agitator will be 8479.82.0040, HTS, which provides for machines and mechanical appliances having individual functions, not specified or included elsewhere (in chapter 84): other machines and mechanical appliances: mixing, kneading or stirring machines. The current rate of duty is 2.2 percent ad valorem. In 1997 the duty rate will be reduced to 1.5 percent ad valorem.

The applicable subheading for the ragger and fiberizer machines will be 8439.10.0010, HTS, which provides for machinery for making pulp of fibrous cellulosic material. The rate of duty will be free.

Finally, the applicable subheading for the centrifugal cleaners will be 8421.29.0065, HTS, which provides for filtering or purifying machinery and apparatus for liquids: other: other. The rate of duty in 1996 is 2.3 percent ad valorem. In 1997 the rate of duty will be 1.6 percent ad valorem.

This ruling is being issued under the provisions of Part 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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