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NY B86855





July 8, 1997

CLA-2-84:RR:NC:1:103 B86855

CATEGORY: CLASSIFICATION

TARIFF NO.: 8428.90.0090; 8422.30.9090; 8422.40.9080

Mr. Len Lesiak
Hoglund & Moyles, Inc.
PO Box 66373
O'Hare International Airport
Chicago, IL 60666

RE: The tariff classification of packaging machines from Germany

Dear Mr. Lesiak:

In your letter dated May 30, 1997 on behalf of Skinetta Pac Systems you requested a tariff classification ruling.

With your inquiry you submitted literature describing four types of machines:

1. Model PAL1400 palletizer - this machine is used to stack articles onto a pallet. The pallet lifting and support assembly is mounted on roller bearing spindles and linear bearings for accurate vertical movement, while the product head moves on linear slides. Products weighing up to 20 kilograms can be lifted and stacked individually or in groups onto a pallet utilizing suction cups or grippers.

2. Model CP140 and CP145 casepacker - a packing system composed of product feeding, traypacking and/or stretchbanding, and case packing machines. The feeding machine groups and feeds cans, bottles, cartons, or prewrapped products. In the traypacker tray blanks are erected and the product is loaded into the trays. The stretchbander wraps and shrinks plastic film around the trayed product. Finally, in the casepacker paperboard carton blanks are erected and the product is loaded into the carton. The CP140 and CP145 casepacker systems can attain speeds up to 10 cartons per minute. According to your letter, these models will always be shipped as complete systems rather than as separate machines.

3. Model 300, 450, 600, 800 and 1250 stretchbanding machines - these five machines work with polyethylene, polypropylene and PVC films in widths of 300, 450, 600, 800, or 1250 millimeters respectively. They feature a starwheel vertical stacking unit, or a bottle infeed unit, to form the product into groups, a bander which draws the film tightly around the group, and a shrink hood utilizing either hot air blowers or thermostatically-controlled heaters combined with an air recirculator.

4. Model TR film and carton packaging machines - these machines form cans, bottles, or pre-banded bundles of boxes into groups, erect paperboard tray blanks, place the product in the tray, and wrap the filled trays in plastic film. They can produce up to 20 wrapped trays per minute.

The applicable subheading for the PAL1400 palletizer will be 8428.90.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for other lifting, handling, loading or unloading machinery: other machinery: other: other. The rate of duty will be 0.8 percent ad valorem.

The applicable subheading for the CP140 and CP145 casepacker systems, imported in a single shipment, will be 8422.30.9090, HTS, which provides for machinery for filling, closing, sealing, capsuling or labeling boxes, bags or similar containers: other. The rate of duty will be 1.4 percent ad valorem.

The applicable subheading for the Model 300, 450, 600, 800 and 1250 stretchbanding machines and the Model TR film and carton packaging machines will be 8422.40.9080, HTS, which provides for other packing or wrapping machinery: other: other. The rate of duty will be 1.4 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,

Robert B. Swierupski
Chief, Metals & Machinery Branch

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