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NY J82525




April 18, 2003

CLA-2-84:RR:NC:1:104 J82525

CATEGORY: CLASSIFICATION

TARIFF NO.: 8466.92.5010

Ms. Jannica Greife
Smartech International
5559 Robin Hood Road
Charlotte, NC 28211

RE: The tariff classification of a silicone membrane from Germany

Dear Ms. Greife:

In a letter dated March 25, 2003 submitted on your behalf by ABX Logistics, Ms. Tina Dunn requested a tariff classification ruling.

The silicon membrane is designed to aid in the lamination of wood articles using new finish materials, i.e., thermoplastic foils for 3D surface finishing. During the lamination process, the membrane is heated and drawn against the top heating platen by vacuum. The foil covers the full press area, the press chamber is closed and the foil is heated. A vacuum builds up underneath the foil. Hot compressed air builds up in the membrane chamber (i.e., the area enclosed between the heating plate and the membrane). A cold air blast is used to separate the foil from the membrane. The press is opened and the cycle completed. The function of the membrane is to separate the compressed air above and the vacuum below. Membranes are available in various lengths and thickness. Each membrane is imported cut to size to fit a specific woodworking machine. The customer merely removes the membrane from its box and installs it on the woodworking machine. No further cutting is required.

In Ms. Dunn’s letter, several classification headings are proposed for this office’s consideration, i.e., heading 4006, Harmonized Tariff Schedule of the United States (HTS) which provides for other forms (for example, rods, tubes and profile shapes) and articles (for example, discs and rings), of unvulcanized rubber, heading 3920, HTS, which provides for other plates, sheets, film, foil and strip, of plastics, noncellular and not reinforced, laminated, supported or similarly combined with other materials and heading 8466, HTS, which provides for parts and accessories suitable for use solely or principally with the machines of headings 8456 to 8465, HTS. General Rule of Interpretation 1 (“GRI 1”) requires that classification be determined first according to the terms of the headings of the tariff schedule and any relative section or chapter notes and, unless otherwise required, according to the remaining GRIs taken in order. Visual examination of the sample membrane material submitted with the inquiry indicates that the article is made of plastic, not rubber. In view of this fact, heading 4006, HTS, would not be applicable. Sample will be retained by this office.

Parts which are not excluded by virtue of note 1 to Section XVI or note 1 to Chapter 84, nor provided for as goods included in any of the headings of Chapters 84 and 85, are classified in accordance with note 2 to Section XVI. The article in question is not covered more specifically by a heading of any other chapter of the Nomenclature, nor excluded by the Legal Notes to Section XVI. Thus, the silicone membrane is classified under heading 8466, HTS, as a part suitable for use solely or principally with the woodworking machines of heading 8465, HTSUS, pursuant to Note 2(b) to Section XVI.

The applicable subheading for the silicone membranes designed for use solely in woodworking machines of heading 8465 will be 8466.92.5010, HTS, which provides for Parts and accessories suitable for use solely or principally with the machines of headings 8456 to 8465, including work or tool holders, self-opening dieheads, dividing heads and other special attachments for machine tools; tool holders for any type of tool for working in the hand: Other: For machines of heading 8465:OtherOf woodworking machines. The rate of duty will be 4.7 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 646-733-3011.

Sincerely,

Robert B. Swierupski
Director,

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