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NY M84364




July 10, 2006

CLA-2-84:RR:NC:N1:106 M84364

CATEGORY: CLASSIFICATION

TARIFF NO.: 8441.30.0000

Mr. Joseph Hoffacker
Barthco Trade Consultants
5101 S. Broad Street
Philadelphia, PA 19112

RE: The tariff classification of a carton manufacturing machine from Germany

Dear Mr. Hoffacker:

In your letter dated June 12, 2006, on behalf of Stora Enso North America Corp., you requested a tariff classification ruling. You included descriptive literature with your request.

The subject merchandise is identified by you as the Pharma SHR Cartoner CSI 2035. This machine creates outer boxes and interior sleighs made of paperboard which are traditionally used for packing pharmaceuticals, although they may be used for various products. The machine is said to be of twin-lane balcony construction with one lane producing the outer box and the other lane producing the sleigh. The machine does not fill the package with product nor does it close the package. According to you, the outer carton and sleigh after manufacture are fitted together in a later process.

The applicable subheading for the Pharma SHR Cartoner will be 8441.30.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other machinery for making up paper pulp, paper or paperboard: machines for making cartons, boxes, cases, tubes, drums or similar containers, other than by molding. The rate of duty will be free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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