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NY C82076




December 11, 1997

CLA-2-84:RR:NC:1:104 C82076

CATEGORY: CLASSIFICATION

TARIFF NO.: 8462.21.8085; 8462.41.0080; 8463.90.0080; 8465.91.0090

Mr. Michael G. Hodes
Hodes & Pilon
33 North Dearborn Street, Suite 2204
Chicago, Illinois 60602-3109

RE: The tariff classification of machine tools from Finland and Italy.

Dear Mr. Hodes:

In your letter dated November 12, 1997 on behalf of Finn-Power International, Inc. you requested a tariff classification ruling.

Your request covers the following machine tools for which you have provided descriptive literature:

1. "Shear Genius" - a CNC turret punch press with integrated right angle shear.

2. Laser Punch Press Models LP5 and LP6 - CNC turret punch presses equipped with a CO2 laser. The frame is designed to withstand the heavy demands of punching. The punching and laser cutting share the same controller.

3. Hydraulic Swaging Machines Models FP110, FP120 and FP160 - employ rotating dies to perform end forming, knurling, crimping and joining of fittings on hose assemblies, metal tubing etc.

4. There are three versions of the Finn-Power Italia Bending Machine:

Bending Machine BM - a CNC metal bending machine

Bending Centre BCT - incorporates a bending machine together with a unit which automatically loads the workpiece and rotates the piece for bending of the next side. The centre also includes a conveyor and unloading table.

Bending Cell BCL - incorporates a shuttle wagon which brings the stacked work piece to the loading device. The machine also includes units can also unload and stack finished work pieces.

5. Hose Cutters Models CM75P, CM75P and CM65M - non-CNC machines employing a revolving circular saw blade used to cut rubber hoses including metal reinforced hoses.

The applicable subheading for the "Shear Genius" and Laser Punch Presses (Items 1 and 2) will be 8462.41.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for punching or notching machines, including combined punching and shearing machines: numerically controlled. The rate of duty will be 4.4 percent.

The applicable subheading for the hydraulic swaging machines (item 3) will be 8463.90.0080, HTS, which provides for other machine tools for working metal or cermets, without removing material: other. The rate of duty will be 4.4 percent.

All three versions of the bending machine (item 4) will be classified under 8462.21.8085, HTS, which provides for bending, folding, straightening or flattening machines (including pressses): numerically controlled: other. The rate of duty will be 4.4 percent.

The applicable subheading for the hose cutters (item 5) will be 8465.91.0090, HTS, which provides for machine tools ... for working wood, cork, bone, hard rubber, hard plastics or similar hard materials: other: sawing machines. The rate of duty will be 3 percent.

The above rates of duty will remain the same in 1998.

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 Robert Losche at 212-466-5670.

Sincerely,

Robert B. Swierupski
Director,

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