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NY G80101





August 16, 2000

CLA-2-84:RR:NC:1:103 G80101

CATEGORY: CLASSIFICATION

TARIFF NO.: 8428.90.0090

Mr. Nigel P. Cotterill
Salvagnini America, Inc.
27 Bicentennial Court
Hamilton, OH 45015

RE: The tariff classification of loading and unloading machines from Italy

Dear Mr. Cotterill:

In your letter dated July 20, 2000 you requested a tariff classification ruling.

You submitted written descriptions and pictures of the following machines:

1. ADP feeder-destacker – a loading machine which picks up a sheet made of metal or other materials from a stack and loads the sheet into a panel bender, shearing center or other machine tool. The machine incorporates suction cups which are divided into zones so that the cups can be individually activated based on the dimensions of the sheet. In addition, the cups can be manually moved to avoid holes or embossed areas. The unit also features a device which checks that only a single sheet is loaded; if more than one sheet is picked up, the machine automatically attempts to separate the sheets.

2. SAP panel unloader/accumulator – an unloading machine featuring a motorized roller surface and a tiltable rake which unloads metal panels from a panel bender machine and accumulates the panels. The panels are received and accumulated on the front of the machine. The panels are then raised and slide by gravity on the rollers. Their motion is stopped by decreasing the inclination of the rake, allowing an operator to safely remove the panel.

3. ACP feeding centering unit – a loading machine which allows a single sheet made of metal or other materials to be pre-centered so that it can be picked up by the feeding pincer on a panel bending machine. Like the model ADP machine, it can be used with other panel production machinery such as shearing centers.

4. IA automatic universal stacker – a machine equipped with two pairs of magnetic transfer belts and two rows of suction cups for stacking punched and/or sheared metal sheets.

The applicable subheading for the ADP feeder destacker, SAP panel unloader/accumulator, ACP feeding centering unit, and IA automatic universal stacker, imported separately from a panel bender, shearing center or other machine, will be 8428.90.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for other lifting, handling, loading or unloading machinery: other machinery: other: 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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