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NY F85472




April 28, 2000

CLA-2-84:RR:NC:1:104 F85472

CATEGORY: CLASSIFICATION

TARIFF NO.: 8448.39.1000; 9001.90.9000

Mr. George Avakian
C.H. Powell Company
6 Northway Ct. – Eastway Business Park
P.O. Box 270
Greer, SC 29652

RE: The tariff classification of textile spinning machine components from Germany

Dear Mr. Avakian:

In your letter dated April 5, 2000 on behalf of LSK Distributors, Inc. you requested a tariff classification ruling.

All three items in question are designed to function as replacement parts of an open end textile spinning machine.

The steel rotor fits into the spin box. The sliver enters the spin box, is fed into the rotor and is processed into yarn. Rotors are available in a variety of styles, i.e., “G” (rotor with narrow groove/suitable for fine weaving and knitting yarns), “S” (rotor with sharp cornered rotor cup without groove/suitable for heavily contaminated cotton and all manmade fibers and full-bodied yarns; also highly suitable for raising yarns), “T” (rotor with sharp angled groove, yarn supported by cup bottom/suitable for weaving and knitting yarns) and “U” (rotor with wide groove/suitable for coarse yarn counts and denim yarns). The type of rotor used is determined by the fiber quality of the yarn being spun. The rotors may be boron treated (“B”), diamond surface coated (“D”) or a combination of the two (“BD”). The boron treatment provides for high wear protection and easy cleaning. As per a telephone conversation that you had with a member of my staff, this ruling will address only the boron treated rotors. Diamond surface coated rotors and rotors which have been both diamond surface coated and boron treated will be addressed in a separate ruling.

The cylinder, also known as a drive sleeve, is made of plastic. After the yarn is made, it is wound onto packages. The cylinder is located on the winding unit’s drum. The cylinder’s grooves enable it to grip the package while it is being turned in the winding process.

The reflector ring sits on a twin disc that turns the rotor. The reflector ring reflects a beam of light into a sensor that indicates to the machine how many revolutions per minute the rotor is turning.

Both the cylinder and the reflector ring are made of plastic. The reflector ring also contains two inserts of reflective material.

Submitted samples (one each of a rotor, a cylinder and a reflector ring) will be retained by this office.

The applicable subheading for the boron treated rotors and the cylinder will be 8448.39.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for Auxiliary machinery for use with machines of heading 8444, 8445, 8446 or 8447 (for example, dobbies, Jacquards, automatic stop motions and shuttle changing mechanisms); parts and accessories suitable for use solely or principally with the machines of this heading or of heading 8444, 8445, 8446 or 8447 (for example, spindles and spindle flyers, card clothing, combs, extruding nipples, shuttles, healds and heald-frames, hosiery needles): Parts and accessories of machines of heading 8445 or of their auxiliary machinery: Other: Parts of spinning, doubling or twisting machines. The rate of duty will be Free.

The applicable subheading for the reflector ring will be 9001.90.9000, HTS, which provides for other optical elements, of any material, unmounted, other. The rate of duty will be 2.9 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 Robert Losche at 212-637-7038.

Sincerely,

Robert B. Swierupski
Director,

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