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NY C83925




February 18, 1998

CLA-2-84:RR:NC:1:103 C83925

CATEGORY: CLASSIFICATION

TARIFF NO.: 8479.89.9797

Mr. John J. Mauri
Danzas Corporation
80 Broad Street, 9th Floor
New York, NY 10004

RE: The tariff classification of a scrap chopper from France

Dear Mr. Mauri:

In your letter dated January 27, 1998 on behalf of P/A Industries Inc. you requested a tariff classification ruling.

The model 1717B motorized scrap chopper is used to cut scrap metal stock received from a stamping press into small pieces. The metal scrap is fed by means of gravity into an adjustable, angled guide chute where fixed and moveable blades shear the material. The chopped pieces fall into a barrel or similar container placed beneath the machine. The model 1717B is powered by an electric motor whose rotary motion is converted into reciprocating linear motion by a cam/lever roller mechanism.

Your client has suggested that this scrap chopper is classifiable in subheading 8466.30.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for parts and accessories suitable for use solely or principally with the machines of headings 8456 to 8465...: dividing heads and other special attachments for machine tools: other special attachments: for the machines described in additional U.S. Note 3 to chapter 84: machines. However, in our opinion the scrap chopper is not a machine tool accessory since it does not contribute to the operation of the machine tool with which it is used.

The Customs Service has previously held that a scrap chopping machine is classifiable in the provision for machines and mechanical appliances having individual functions, not specified or included elsewhere (in chapter 84): other machines and mechanical appliances: other in subheading 8479.89, HTS (see Ruling Letter HQ 955395 dated Feb. 14, 1994). Accordingly, the applicable subheading for the model 1717B motorized scrap chopper will be 8479.89.9797, HTS, which provides for machines and mechanical appliances having individual functions, not specified or included elsewhere (in chapter 84): other machines and mechanical appliances: other: other: other: other. The duty rate will be 2.7 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the dual decoiler. Your request for a classification ruling should include a statement as to whether it is designed specifically for use with a metal stamping press and, if so, an explanation as to why it cannot be used with other machines.

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
Director,

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