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NY G84376





December 4, 2000

CLA-2-84:RR:NC:1:103 G84376

CATEGORY: CLASSIFICATION

TARIFF NO.: 8422.30.9090

Mr. David Roe
Pfizer Inc.
Corporate Traffic Dept.
100 Jefferson Road
Parsippany, NJ 07054

RE: The tariff classification of an insulin packaging line from Germany and Holland

Dear Mr. Roe:

In an undated letter which we received on November 16, 2000 you requested a tariff classification ruling.

Your firm intends to import several machines which will form a line for the filling and sealing of packages of inhaled insulin in powder form. The line will be composed of a form, fill and weigh machine, a trayloader machine, and an overwrapper machine. The Uhlmann form, fill, and weigh machine, which will be manufactured in Germany, will basically consist of a thermoformer, filler, checkweigher, isolator, bulk powder feeder, process control panel, and software. The machine will form a blister package from a continuous web of film, fill the blister with powdered insulin, and weigh a percentage of the filled blisters to ensure that they contain the specified amount of powder.

The Schubert trayloader, which will also be made in Germany, will basically consist of several robotic units, belt and roller conveyors, stepping chain collator, pushing device, blowers and vacuum pumps, and a touch panel operator interface. The machine will place the filled blisters into trays.

The Tevopharm overwrapper, manufactured in Holland, will contain a belt infeed system, a flowwrapper with two film reel holders, date printer, barcode scanner, folding system, glue unit, cooling unit, and control system. It will take trays which have been loaded with blisters and seal them by means of a foil overwrap.

In your letter you stated that these machines will be imported in a single shipment. Accordingly, the applicable subheading for the functional unit formed by the form, fill, and weigh machine, trayloader, and overwrapper will be 8422.30.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for machinery for filling, closing, sealing, capsuling or labeling boxes, bags or similar containers: other. The rate of duty will be free.

It should be noted that any software on media imported with these machines will be separately classifiable in accordance with note 6 to chapter 85, HTS. Note 6 to chapter 85 states that records, tapes and other media of heading 8523 or 8524 remain classified in those headings, whether or not they are entered with the apparatus for which they are intended.

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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