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NY K84558




April 21, 2004
CLA-2-84:RR:NC:1:104 K84558

CATEGORY: CLASSIFICATION

TARIFF NO.: 8448.59.5000; 8208.90.6000

Ms. Margaret A. Purvis
Exel Global Logistics
4605 Coates Drive
Fairburn, GA 30213

RE: The tariff classification of tufting machine parts from Germany

Dear Ms. Purvis:

In your letter dated March 22, 2004 on behalf of Groz-Beckert you requested a tariff classification ruling.

Samples of loopers (aka hooks), clips and tufting knives have been provided. These items are used on a high speed tufting machine which can perform loop-pile tufting and cut-pile tufting. (Tufted carpet manufacture consists essentially of stitching pile yarn into a backing fabric and subsequently fixing the tufts in place by means of an adhesive, usually latex.)

You have provided technical information regarding how these items are used. During the downstroke of the needle in loop pile tufting, pile yard is inserted through the backing fabric. When the needle reaches its lowest position, a looper moves between the yarn and the needle so that a loop of yarn is held by it when the needle is withdrawn. In cut pile tufting, when the looper or hook withdraws after completing a loop, a knife in the form of a steel blade moves upward at an angle and the oldest loop is cut by the scissor action of the knife and the throat of the looper. The clips are used to retain the yarn on the looper. One of the diagrams included depicts a hook and clip assembly however they will not be imported assembled. The steel tufting knives will be imported unmounted.

You state that Groz-Beckert would like to ensure that we agree that these parts are classified under HTS subheading 8448.59. Since Section XVI, note 1(k) excludes articles of chapter 82 or 83, this subheading cannot apply to the knives.

The applicable subheading for the loopers and the clips will be 8448.59.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for parts and accessories of machines of heading 8447 or of their auxiliary machinery: other: other. The rate of duty will be free.

The applicable subheading for the tufting knives will be 8208.90.6000, HTS, which provides for knives and cutting blades, for machines or mechanical appliances, and base metal parts thereof: other: other. The rate of duty will be free.

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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