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NY G81561




September 14, 2000

CLA-2-84:RR:NC:1:103 G81561

CATEGORY: CLASSIFICATION

TARIFF NO.: 8479.89.9797

Mr. Ricardo V. Aguirre, Jr.
Burghart Shipping Co., Inc.
700 Rahway Ave.
Union, NJ 07083

RE: The tariff classification of a scrap preshredder from France

Dear Mr. Aguirre, Jr:

In your letter dated August 21, 2000 on behalf of Schilberg Integrated Metals Corp. you requested a tariff classification ruling.

Information provided by your client indicates the BDR 2400 preshredder is used in the process of reclaiming insulated or bare copper conductor wire. The machine reduces long lengths and jumbled quantities of defective wire to uniformly smaller pieces so that, in a subsequent operation performed in a separate machine, the insulation can be separated from the metal by gravity. The BDR 2400 utilizes spinning rotors to which are attached specially treated steel alloy cutting knives to shred the wire and a screen to ensure that the shredded wire has been reduced to the desired size. Pieces which are too large to fall through the screen are returned to the unit for further shredding. A brochure submitted with your inquiry indicates that the BDR 2400 can also cut up various other types of scrap materials including tires, car parts such as radiators and bumpers, and electrical scrap such as printed circuit boards. The rotors are powered by a 300 horsepower motor and are capable of rotating at 125 revolutions per minute. The unit weighs 26 tons and can process 7 – 15 tons of copper cable per hour.

Your client refers to the BDR 2400 as a rotary grinder/crusher mill and suggests it should be classified in subheading 8479.82.0080, Harmonized Tariff Schedule of the United States (HTS), a provision for machines and mechanical appliances having individual functions, not specified or included elsewhere (in Chapter 84): other machines and mechanical appliances: mixing, kneading, crushing, grinding, screening, sifting, homogenizing, emulsifying or stirring machines: other. However, the BDR 2400 does not crush or grind the scrap, but cuts it into smaller pieces. Cutting is not a function encompassed by subheading 8479.82.0080, HTS. While the machine also performs a screening function, this is not its principal function. Thus it is not classifiable in subheading 8479.82.0080, HTS.

In Ruling Letter HQ 955395 dated Feb. 14, 1994 the Customs Service held that a rotary chopping machine for cutting metal scrap into uniform lengths was properly classifiable in subheading 8479.89, HTS. Likewise, the BDR 2400 is classifiable in 8479.89, HTS. The particular subheading applicable to the BDR 2400 preshredder will be 8479.89.9797, 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.

Your inquiry does not provide enough information for us to give a classification ruling on the various other machines used in recycling scrap mentioned in your letter. Your request for a classification ruling should include a detailed description of the function and method of operation of each machine. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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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