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NY J86442




July 21, 2003

CLA-2-84:RR:NC:1:103 J86442

CATEGORY: CLASSIFICATION

TARIFF NO.: 8476.21.0000; 8476.29.0000; 8418.50.0080.; 8481.80.9050

Ms. Caryn Rinaldini
Rinaldini Distribution
19 Andorra Street
Laguna Niguel, CA 92677

RE: The tariff classification of wine dispensers from Italy

Dear Ms. Rinaldini:

In your letter dated June 12, 2003 you requested a tariff classification ruling.

Your firm intends to import Enoline and Enoround wine dispensing machines. These machines will be used in wine cellars, wine bars, restaurants, and similar establishments to dispense portions of wine directly from wine bottles. Literature submitted with your inquiry indicates that the Enoline machine is capable of storing and displaying a horizontal row of 8 upright wine bottles, while the Enoround can hold up to 16 upright bottles in a circular pattern. Both units may incorporate a chip card payment system as well as refrigerating equipment to cool the wine bottles to a desired temperature. In order to operate properly after importation, they require connection to sources of compressed air and nitrogen gas. The compressed air is used to lift and lower bottle seat pistons, while the nitrogen gas is used to displace the wine from the bottle and dispense it through a tube which is inserted into each bottle.

The Enoline and Enoround machines can be operated utilizing a chip card payment system and/or a three button system. In the chip card system a customer can directly obtain a glass of wine from one of the bottles placed in the unit by inserting into the machine a chip card the customer has previously purchased. After inserting the card, the dispenser’s display shows the amount of credit remaining on the card, while the cost of a glass of each of the various wines is displayed above that particular bottle. The customer holds a wineglass beneath the unit’s stainless steel spout and presses the appropriate button, causing a pre-set amount of the desired wine to be dispensed while simultaneously deducting the corresponding cost of the wine from the chip card. With the three button system the unit is pre-programmed to distribute one of three different wine quantities, such as a tasting sample, a half glass, or a full glass, depending on which one of three buttons is pressed. This system may be used in conjunction with the chip card payment system, or separately without the payment system.

The versions of the Enoline and Enoround machines incorporating the chip card payment system are classifiable as vending machines. The applicable subheading for the Enoline and Enoround wine dispensing machines containing the chip card system and a refrigeration system will be 8476.21.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for automatic goods-vending machines: automatic beverage-vending machines: incorporating heating or refrigerating devices. The applicable subheading for Enoline and Enoround wine dispensing machines containing the chip card payment system but without a refrigeration system will be 8476.29.0000, HTS, which provides for automatic goods-vending machines: automatic beverage-vending machines: other. In either case the rate of duty will be free.

The applicable subheading for the Enoline and Enoround wine dispensing machines incorporating a refrigeration system but not containing the chip card payment system will be 8418.50.0080, HTS, which provides for other refrigerating or freezing chests, cabinets, display counters, showcases and similar refrigerating or freezing furniture: other. The rate of duty will again be free.

Finally, the applicable subheading for the Enoline and Enoround wine dispensing machines not incorporating a chip card payment or refrigeration system will be 8481.80.9050, HTS, which provides for taps, cocks, valves and similar appliances, for pipes, boiler shells, tanks, vats or the like, including pressure-reducing valves and thermostatically controlled valves: other appliances: other: other. The rate of duty will be 2 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 Alan Horowitz at 646-733-3010.

Sincerely,

Robert B. Swierupski
Director,

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