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NY E87750





October 1, 1999

CLA-2-84:RR:NC:1:103 E87750

CATEGORY: CLASSIFICATION

TARIFF NO.: 8422.30.90

Mr. Timothy Shepherd
Nissin Customs Service, Inc.
101 Mark Street, Suite G
Wood Dale, IL 60191

RE: The tariff classification of capsule filling and sealing machines from Japan

Dear Mr. Shepherd:

In your letter dated September 21, 1999 on behalf of Shionogi Qualicaps Inc. you requested a tariff classification ruling.

With your inquiry you submitted brochures describing the LiqfilSuper 40, LiqfilSuper 80, and LiqfilSuper JCF 40/80 automatic capsule filling machines, as well as the Hicapseal 40/100 automatic hard capsule sealing machine. The capsule filling machines are designed to fill gelatin capsules with pharmaceutical powders, granules, or liquids. They incorporate a rectification roller system to transfer the capsules from a hopper, align the capsules, and ensure that defective capsules are eliminated prior to entering the filling area. Rectified capsules are then separated by a vacuum unit and filled with powder by means of an auger or a mechanical vibrator combined with a plunger to expel trapped air. Alternatively, granules or liquids can be poured directly into the capsule body. The amount of material placed in the capsule can be regulated by changing the speed of the auger, the piston stroke, or by an optional weight control device. The capsules are then joined by a plunger and discharged from the machine via a chute. Depending on the model, these machines can fill from 40,000 – 80,000 capsules per hour.

The automatic capsule sealing machine seals the joined portion of the gelatin cap and body after filling has occurred. A rectifier roller system aligns and transfers the filled capsules into slots in a conveyor belt. As the belt travels forward the capsules encounter a sealing roller. The sealing roller rotates the capsules and simultaneously applies a heated sealing solution to the exposed capsule joint. The identical process is repeated in a second sealing unit. The capsules then enter a drying section which uses filtered room temperature air to dry the seal. The Hicapseal 40 can seal 40,000-50,000 capsules per hour, while the Hicapseal 80 can process 80,000-100,000 capsules per hour.

The applicable subheading for the LiqfilSuper 40, LiqfilSuper 80, and LiqfilSuper JCF 40/80 automatic capsule filling machines, as well as the Hicapseal 40/80 automatic capsule sealing machines will be 8422.30.90, Harmonized Tariff Schedule of the United States (HTS), which provides for machinery for filling, closing, sealing or labeling bottles, cans, boxes, bags or other containers: other. The rate of duty will be free.

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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