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January 14, 1999

CLA-2-85:RR:NC:1:112 D86044

CATEGORY: CLASSIFICATION

TARIFF NO.: 8543.89.9695

Ms. Jolene Munoz
Off Shore Consulting
2450 Peralta Blvd., Ste 202
Fremont, CA 94536

RE: The tariff classification of a carpet seaming iron from China.

Dear Ms. Munoz:

In your letter dated December 16, 1998 on behalf of Orcon Corp. Of Union City, CA you requested a tariff classification ruling.

The Feather Lite Kool Top Heat Seaming Iron, sample and literature submitted, is specifically designed for use in the carpet installation industry. The iron is used to melt adhesive “seaming tape” to join two pieces of carpet together. The iron comes with a metal tray to hold the iron.

The brochure for the Kool Top Iron indicates that it comes in three bases (ironing surfaces): fully grooved, partially grooved, and flat. The partially and fully grooved irons create a center bead at the carpet seam for maximum strength. The hot melt seaming tape (not included) is positioned under the carpet along the edges to be joined. The iron is then placed directly on the hot melt seaming tape and, after allowing adequate time to activate the hot melt, slowly advanced. As the two edges of the carpet come off the back of the iron, the installer pinches the two edges together. He then uses a roller to roll the seam and a seam weight to “set” the seam. (The roller and seam weight are not included.)

It is suggested that the carpet seaming iron should be classified under HTS subheading 8515.80.8045 which provides for other electrical welding apparatus. The brochure states that with proper technique and the use of Orcon products, the result will be a seam which is “welded” together and will not hinge. The iron however does not perform a welding function; it merely activates the hot melt.

The applicable subheading for the Feather Lite Kool Top Heat Seaming Iron will be 8543.89.9695, Harmonized Tariff Schedule of the United States (HTS), which provides for electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter; ... other. The rate of duty will be 2.6 percent.

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 David Curran at 212-466-5680. Effective January 28, 1999, the telephone number will be 212-637-7049.

Sincerely,

Robert B. Swierupski
Director,

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