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NY I84115




August 12, 2002

CLA-2-84:RR:NC:1:103 I84115

CATEGORY: CLASSIFICATION

TARIFF NO.: 8479.89.9897

Ms. Maryann Hurst
Trans-Overseas Corporation
PO Box 42494
Detroit, MI 48242

RE: The tariff classification of nut feeders from Korea

Dear Ms. Hurst:

In your letter dated July 8, 2002 on behalf of American Chowel Industries Inc. you requested a tariff classification ruling.

With your inquiry you submitted a flyer which briefly describes the models NF-M6, NF-M8, and NF-M10 automatic nut feeders. These machines are used to automatically supply nuts to a welding machine. They feature a hopper, a vibratory bowl, a cylinder-rod unit, an escapement unit, and a control panel. The bowl vibrates electro-magnetically in order to properly orient the nuts and form them into a stream. The machines then utilize compressed air to transport and feed the nuts one-at-a-time to the welder. The model M6 has a hopper capacity of 10,000 pieces, the M8 7,000 pieces, and the M10 5,000 pieces.

Your client contends that these nut feeders should be classified as welding equipment, even when separately imported, since they are only used with welders. However, in Ruling Letter HQ 957460 dated April 26, 1995 the Customs Service held that an automatic nut feeder, imported separately, for separating, aligning and feeding weld nuts to a welding machine was classifiable in subheading 8479.89.90 (currently 8479.89.98), Harmonized Tariff Schedule of the United States (HTS).

Accordingly, the applicable subheading for the NF-M6, NF-M8, and NF-M10 nut feeders, when imported separately, will be 8479.89.9897, 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 a nut feeding machine imported together with a welding machine. Your request for a classification ruling should include information as to the specific type of welding machine (e.g., arc, resistance, laser, etc.) which will be imported with the nut feeder. 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 646-733-3010.

Sincerely,

Robert B. Swierupski
Director,

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