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NY D83615




October 28, 1998

CLA-2-84:RR:NC:1:103 D83615

CATEGORY: CLASSIFICATION

TARIFF NO.: 8479.89.9797; 8479.89.9785

Ms. Marcela Szerena
Circle International
540 Rockaway Avenue,
Valley Stream, NY 11581

RE: The tariff classification of a downcoiler and hydraulic accumulators from Japan

Dear Ms. Szerena:

In your letter dated October 9, 1998 on behalf of IHI Inc. you requested a tariff classification ruling.

Your client intends to import a downcoiler system for use in a hot strip mill. Literature submitted with your inquiry indicates the AJC hydraulically controlled downcoiler is intended to coil strip steel onto a mandrel by means of wrapper rollers. The unit incorporates an automatic jumping control which utilizes electronic sensors, along with a hydraulic roll position control system, to ensure the wrapper rolls are firmly pressed against the strip as it is wound. This prevents gaps, loose coils and slip marks from forming as the wound material passes over the strip's beginning edge.

Your letter states that the downcoiler and its associated equipment will be imported in several shipments occurring over a period of 6 to 8 months. However, a shipping schedule included with your submission lists four separate shipments, with the initial shipment apparently consisting of an accumulator stand for the unit's hydraulic system. This schedule also indicates that two shipments will be composed solely of unspecified parts.

The downcoiler does not form metal, but simply takes metal strip which has already been formed and winds it around a roll. Thus classification of the downcoiler in subheading 8462.29.8055, Harmonized Tariff Schedule of the United States (HTS), which provides for other bending, folding, straightening, or flattening machines (including presses), as mentioned in your letter, is not appropriate.

Assuming the AJC hydraulic downcoiler itself is imported in a single shipment, the applicable subheading 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.

The applicable subheading for hydraulic accumulators, shipped separately, will be 8479.89.9765, 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: hydraulic accumulators. The rate of duty will again be 2.7 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the downcoiler parts or other associated equipment. In general downcoiler parts, not excluded by virtue of note 1 to section XVI or note 1 to chapter 84, and not provided for as goods included in any of the headings of chapter 84 and chapter 85 in accordance with note 2(a) to section XVI, and which are solely or principally used as parts of a downcoiler would be classifiable in subheading 8479.90.9785, HTS, which provides for parts of machines and mechanical appliances having individual functions, not specified or included elsewhere (in chapter 84): other: other: other. The rate of duty currently associated with subheading 8479.90.9785 is 0.7 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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