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July 20, 1999

CLA-2-84:RR:NC:MM:106 E83826

CATEGORY: CLASSIFICATION

TARIFF NO.: 8422.40.9080;8433.40.0000

Mr. Tim L. Watkins
Spring Hill Farm
Route 1, Box H23
Madison, Virginia 22727-9715

RE: The tariff classification of a hay baling machine and a bale wrapping machine from Italy.

Dear Mr. Watkins:

In your letter dated May 20, 1999, you requested a tariff classification ruling. You submitted descriptive literature with your request.

The hay baling machine, identified as the Mini Round Baler, model R500/Z Super, is used to make small, 50 to 70 pound round bales of hay or straw for animal feed. In addition to making and picking up round bales of hay or straw, the baler includes an automatic net binding option to bind the bales as they are formed. This option, you state, decreases nutrition loss for bales not film-wrapped later. This machine has no power of its own and connects to a tractor PTO and hydraulics.

The bale wrapping machine, identified as the Mini Bale Wrapping Machine, model FW500/Z, is used to wrap plastic film around bales of hay or straw. The wrapper features a platform, motorized rollers and spindles. A round silage bale is loaded onto the machine's platform and then an arm dispenses plastic film while the platform rotates in order to wrap the bale. You indicate that this machine has no power of its own and functions through use of the tractor hydraulic system.

The applicable subheading for the hay baling machine will be 8433.40.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for straw or fodder balers, including pick-up balers. The rate of duty will be free.

You suggest that the bale wrapping machine may also be classifiable in the provision for straw or fodder balers, including pick-up balers, in subheading 8433.40.0000, HTS. The bale wrapping machine is also described in heading 8422, HTS, which provides for, among other things, other packing or wrapping machinery. Note 2 to chapter 84 states that, subject to the operation of note 3 to section XVI, a machine or appliance which answers to a description in one or more of the headings 8401 to 8424 and at the same time to a description in one or more of the headings 8425 to 8480 is to be classified under the appropriate heading of the former group and not the latter. Accordingly, following note 2 to chapter 84, heading 8422 applies. Specifically, the applicable subheading for the bale wrapping machine will be 8422.40.9080, HTS, which provides for other packing or wrapping machinery: other: other. The rate of duty will be free.

You have also inquired as to the tariff classification of 10 rolls of plastic net binding material for use by the hay baler and 20 rolls of 250mm plastic film for use by the bale wrapping machine. Since the rolls of plastic and film are in material lengths, they do not meet the definition of "parts" and cannot be so classified, as you suggested. However, there is not information in your inquiry to issue a classification ruling on these material goods. In order to obtain a tariff classification for these goods, please submit a sample swatch of both the netting and film, and identify the type of plastic for both items.

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 Patrick J. Wholey at 212-637-7036.

Sincerely,

Robert B. Swierupski
Director,

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