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NY D80539




August 13, 1998

CLA-2-84:RR:NC:1:103 D80539

CATEGORY: CLASSIFICATION

TARIFF NO.: 8419.90.2000

Mr. Katsutoshi Ueno
Japan Steel Works America, Inc.
5801 E. Slauson Ave., Suite 205
Los Angeles, CA 90040

RE: The tariff classification of digester plates from Japan

Dear Mr. Ueno:

In your letter dated July 22, 1998 you requested a tariff classification ruling.

With your inquiry you submitted drawings and a brief description of pre-fabricated plates which will be used to form the outer wall of a pulp digester. A pulp digester is a large circular pressure vessel in which wood chips are reduced to pulp by means of steam and chemicals. The plates will be made of carbon steel clad with a high nickel content alloy. We understand that, prior to importation, all edges of the plates will be beveled and the plates will be bent into a curved shape by means of a bending press. Your submission does not specify the dimensions of the plates.

In your letter you suggested that the digester plates are classifiable in subheading 8439.91.90, Harmonized Tariff Schedule of the United States (HTS), which provides for other parts of machinery for making pulp of fibrous cellulosic materials. However, pulp digesters are properly classifiable in subheading 8419.89.1000, HTS, a provision for machinery, plant or laboratory equipment, whether or not electrically heated, for the treatment of materials by a process involving a change of temperature....: other machinery, plant or equipment: other: for making paper pulp, paper or paperboard. Accordingly, the plates cannot be classified in subheading 8439.91.90, HTS, since the machines of which they are parts are not themselves classified in heading 8439. The applicable subheading for the digester plates, beveled and bent prior to importation, will be 8419.90.2000, HTS, which provides for parts of machinery and plant for making paper pulp, paper or paperboard by a process involving a change of temperature. The rate of duty will be 0.5 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
Director,

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