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June 3, 1999

CLA-2-84:RR:NC:1:103 E81605

CATEGORY: CLASSIFICATION

TARIFF NO.: 8479.89.9797; 8431.39.0080

Ms. Judy L. Cook
TG(U.S.A.) Corporation
2200 Plattin Road
Perryville, MO 63775

RE: The tariff classification of a hose assembly machine and an air picker device from Japan

Dear Ms. Cook:

In your letter dated May 10, 1999 you requested a tariff classification ruling.

In your inquiry you briefly described the operation of a machine, which you referred to as an Air Picker Machine, used to assemble a nylon insert into a fuel hose. An air picker device, which is a component of the Air Picker Machine, is pneumatically inflated in order to grip the insert. The fuel hose is then enlarged by forcing air through it, allowing the Air Picker Machine to place the nylon insert in the proper position within the hose.

The applicable subheading for the Air Picker Machine will be 8479.89.9797, Harmonized Tariff Schedule of the United States (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 2.5 percent ad valorem.

You also requested the tariff classification of the air picker device itself, as you stated that this device wears out and must be periodically replaced. While you did not provide a detailed description of this article, we assume it is similar in nature to the AirPicker® discussed in Ruling Letter NY E81479 of May 26, 1999. In that ruling we described the AirPicker® as being composed of a metal air inlet/outlet which also acts as a mounting attachment, a metal clamp ring, and a bladder which is inserted into an opening and inflated in order to grip an article.

It is our understanding that air picker devices are principally used as components of machines which grip and handle various articles. Accordingly, the applicable subheading for the air picker device will be 8431.39.0080, HTS, which provides for parts suitable for use solely or principally with the machinery of heading 8428 (other lifting, handling, loading or unloading machinery): other: other: other. The duty rate will be free.

Your inquiry does not provide enough information for us to give a classification ruling on the Tape Sticking Machine. Your request for a classification ruling should include descriptive literature or a detailed description of the function, use, and method of operation of this machine.

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 212-637-7027.

Sincerely,

Robert B. Swierupski
Director,

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