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NY L83594




April 18, 2005

CLA-2-84:RR:NC:N1:106 L83594

CATEGORY: CLASSIFICATION

TARIFF NO.: 8438.80.0000

Mr. Hermann Amsz
Omnitrans Corp. Ltd.
111 Broadway
New York, NY 10006

RE: The tariff classification of a beverage blending system from Switzerland

Dear Mr. Amsz:

In your letter dated March 21, 2005, on behalf of your client, MITECO, you requested a tariff classification ruling. You submitted descriptive literature with your request.

The merchandise in question consists of a system of machines which function together to produce blended beverages according to a particular recipe, depending on the beverage being produced. The system is comprised of the following components: 2 in-line blending units, a deaeration unit which serves both blending lines, 2 chiller/carbonation units, a cleaning unit which services the whole system and various support devices. In operation, water is fed into the deaeration unit, where vacuum pumps separate out a predetermined amount of oxygen in preparation for the blending step. The deaerated water is fed into the blending units where dosing of the various ingredients of the desired recipe occurs. The dosed ingredients and deaerated water are blended together using circulating pumps. Following the blending process, the beverage is pumped along to the chiller/carbonation unit. There the beverage is chilled to the desired temperature to permit carbon dioxide to be infused into the beverage. Following this step the beverage is moved out of the plant to the customer’s bottling facility. The cleaning unit circulates water or cleaning solution to cleanse the system after each batch is produced. The blending process cannot resume until the cleaning unit has completed its task and thus it is an integral part of the whole blending function. Included with the system are various lesser components, which become totally integrated with the system. These components include: control boxes and software, valve controller, flavor pack dosing device, weight cells for dosing, valve manifold, return pumps for the cleaning unit, oxygen, carbon dioxide and alcohol meters, and bar code readers.

The applicable subheading for the beverage blending system will be 8438.80.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other machinery for the industrial preparation or manufacture of food or drink. 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 Patrick Wholey at 646-733-3013.

Sincerely,

Robert B. Swierupski
Director,

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