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NY R04262




July 11, 2006

CLA-2-84:RR:NC:1:104 R04262

CATEGORY: CLASSIFICATION

TARIFF NO.: 8465.91.0074; 9031.80.8085

Ms. Judith L. Haggin
J.L. Haggin & Associates Co.
1100 SW Sixth Avenue
Suite 1212
Portland, OR 97204

RE: The tariff classification of a crosscut saw and an ultrasonic measuring instrument from Finland

Dear Ms. Haggin:

In your letter dated June 21, 2006 on behalf of Raute Wood Ltd. you requested a tariff classification ruling.

At issue are various components of a continuous laminated veneer lumber (“LVL”) press line. A LVL press line converts individual sheets of veneer into solid wood stock. Sheets of veneer are stacked one on top of another and mated together into a continuous billet which is heated, compressed and then cut to specifications. The principal components of the LVL press line are the lay-up station, the pre-press machine, the hot press machine and a central electrical control system. This office acknowledges that a series of machines comprising a complete LVL press line, imported together in one shipment, is classified in subheading 8465. 94.0035, Harmonized Tariff Schedule of the United States (HTSUS), which provides for machine tools (including machines for nailing, stapling, glueing or otherwise assembling) for working wood, cork, bone, hard rubber, hard plastics or similar hard materials: other: bending or assembling machines. However, you indicate that the line in question will be disassembled for transport to the United States with the multiple shipments arriving at different times.

You indicate that in 1994, Raute Wood imported a similar disassembled LVL press line which arrived in two different shipments. Merchandise was entered under heading 8465, HTSUS, and liquidated under heading 8466, HTSUS, as parts. The firm filed a protest which was denied. These actions resulted in the issuance of HQ 958807 dated April 30, 1996. In this ruling, Customs stated that the disassembled LVL press line being imported by Raute Wood in multiple shipments was not classifiable in heading 8465, HTSUS, as the components in their imported condition did not have the essential character of a complete LVL press line. At the time of issuance, details on the individual components were not provided. Thus, as the components did not meet the requirements of General Rule of Interpretation 2(a) [“GRI 2(a)”], the items were classified in subheading 8466.92.50, HTSUS, in accordance with GRI 1 and note 2(b) to Section XVI. Said subheading provides for other parts and accessories suitable for use solely or principally with the machines of heading 8465. No specific classifications were provided on individual components.

Your letter attempts to rectify this situation by providing technical specifications, a spreadsheet, illustrative literature and engineering drawings of the LVL press line. You list the following types of components for which classification is being sought as well as propose alternative classifications for these components, i.e.: Conveyors and lifting apparatus (Your proposed classifications – Belt type conveyors/subheading 8428.33.0000, HTSUS, which provides for other continuous action elevators and conveyors, for goods or materials: other, belt type); Roller type and chain conveyors and billet infeed elevator/ subheading 8428.39.0000, HTSUS which provides for other continuous action elevators and conveyors, for goods or materials ; Lifting Devices (scissor hoist c/w rollcase and vacuum billet stacker)/subheading 8428.90.0090, HTSUS, which provides for other lifting, handling, loading and unloading machinery), Heat Exchanger (Your proposed classification – subheading 8419.50.5000, HTSUS, which provides for other heat exchange units), Traveling Cross Cut Saw (Your proposed classification – subheading 8465.91.0074, HTSUS, which provides for machine tools for working wood, cork, bone, hard rubber, hard plastics or similar hard materials: other: sawing machinesother: cross-cut and optimizing saws), Blow Detector EWS Ultra-Scan (Your proposed classification - subheading 9031.80.8085, HTSUS, which provides for "other," non-"optical" measuring or checking instruments, appliances and machines, not specified or included elsewhere in Chapter 90) and Parts of LVL Press Line [feeders, reject tipple, curtain coater, edge glue applicator, lay-up station with dual tablet, accumulator forks, carts (lay-up, transfer, lay-down), prepress, hogger, hot press, hot press infeed, infeed NIP rolls, outfeed NIP roll, centering rolls](Your proposed classification - subheading 8466.92.5010, HTSUS, which provides for other cast-iron parts suitable for use solely or principally with the machines of heading 8465). As additional information is being developed on the “Temperature Control Steam/Hot Water”, the operator platform and the central control system, you note that classification is not being sought for these items at this time.

It should be noted that the basis of the classification decision presented in HQ 958807 rested on the Customs position at that time concerning the issue of merchandise imported in multiple shipments. HQ 958807 states, in part, It is well settled that merchandise must be classified and assessed with duty in its condition as imported. Components of a machine that arrive within the customs territory on different days cannot be aggregated for classification and appraisement purposes under a single HTS provision. See United States v. Baldt Anchor, Chain & Forge Division of Boston Metals Co., 59 CCPA 122, C.A.D. 1051, 429 F. 2d 1403 (1972), Franklin Industries, Inc. v. United States, 1 C.I.T 349 (1981), HQ 085252, dated September 29, 1989, and HQ 954820, dated December 13, 1993.

Customs has since undertaken a thorough review of the matter and has decided to revise its treatment of such cases. To this end, new regulations have been promulgated on the subject of “single entry for unassembled or disassembled entities imported on multiple conveyances” due to (1) shipments divided at the initiative of the carrier (“split shipments”) [19 U.S.C. 1484(j)(2)] or (2) the size or nature of the merchandise which necessitates shipment in an unassembled or disassembled condition on more than one conveyance [19 U.S.C. 1484(j)(1)]. The new regulations now provide for the treatment of certain multiple shipments of merchandise as a single entry. It is possible the components shipped in the manner described in your letter may be eligible for such treatment under 19 U.S.C. 1484(j)(1).

Because the requirements for this new regulation are complex, you are advised to consult 19 U.S.C. 1484(j)(1) which describes, in detail, those requirements. Also see the Federal Register, Vol. 71, No. 106, Friday, June 2, 2006, pages 31921 - 31927. In the event that actual circumstances of shipment do not meet the new requirements set forth in 19 U.S.C. 1484(j)(1) or should the importer choose to file a separate entry for each portion of the LVL press line as it arrives, classifications are being provided for those articles for which sufficient data was submitted with this request.

The traveling cross-cut saw is used to cut the continuous pre-pressed lay-up stock into billets of required lengths. The cross-cutting occurs on the billet handling line. According to the technical features found in the submitted “Appendix 2B-42, the saw has a traveling speed of 0.2 m/s max., a traveling length of 5500 mm and a saw blade diameter of 650 mm. The unit’s dimensions are 1700 mm L x 4300 mm W x 2200 mm H. The approximate net weight of the unit is 1800 kg.

We agree that the applicable subheading for the traveling cross-cut saw will be 8465.91.0074, HTSUS, which provides for Machine tools (including machines for nailing, stapling, glueing or otherwise assembling) for working wood, cork, bone, hard rubber, hard plastics or similar hard materials: Other: Sawing machines . . . Woodworking machines: Other: Cross-cut and optimizing saws. The duty rate will be 3 percent ad valorem.

Regarding the EWS Ultra-Scan, its Technical Specifications state, "Automatic constant distance to surface of sonic transmitter and receiver." We thus understand the thickness and delamination measurements are performed sonically. Harmonized System Explanatory Note I-A-26 to HS 9031 includes Ultrasonic thickness measuring instruments.

We agree that the applicable subheading for the EWS Ultra-scan will be 9031.80.8085, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "other," non-"optical" measuring or checking instruments, appliances and machines, not specified or included elsewhere in Chapter 90. The rate of duty will be 1.7 percent ad valorem.

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/.

Your inquiry does not provide enough information for us to give a classification ruling on the conveyors, the lifting apparatus and the heat exchanger. Based upon the submitted data, we are unable to confirm your proposed classifications. Your request for a classification ruling should include detailed specifications on each item. Also include data on how each item operates. Are the “coater infeed/outfeed belts” merely belting material or the actual mechanical conveyors themselves? If belting material, what is the material of composition and how is the material shipped (i.e., in material lengths or cut-to-size)?

The majority of the items for which you propose classification of subheading 8466.92.5010 appear to be specifically provided for elsewhere in the HTSUS. Descriptive literature needed on the feeders, reject tipple, curtain coater, edge glue applicator, lay-up station with dual tablet, accumulator forks, carts (lay-up, transfer, lay-down), prepress, hogger, hot press, hot press infeed, infeed NIP rolls, outfeed NIP roll, centering rolls. Literature should show specifications and method of operation for each item.

“Parts” have to be classified in accordance with note 2 to section XVI which states that, subject to certain exclusions found in note 1 to section XVI, note 1 to chapter 84 and note 1 to chapter 85, parts of machines (not being parts of the articles of heading 8484, 8544, 8545, 8546 or 8547) are to be classified according to the following rules:

(a) Parts which are goods included in any of the headings of chapters 84 and 85 (other than headings 8409, 8431, 8448, 8466, 8473, 8485, 8503, 8522, 8529, 8538 and 8548) are in all cases to be classified in their respective headings;

(b) Other parts, if suitable for use solely or principally with a particular kind of machine, or with a number of machines of the same heading (including a machine of heading 8479 or 8543) are to be classified with the machines of that kind or in heading 8409, 8431, 8448, 8466, 8473, 8503, 8522, 8529 or 8538 as appropriate. However, parts which are equally suitable for use principally with the goods of headings 8517 and 8525 to 8528 are to be classified in heading 8517;

(c) All other parts are to be classified in heading 8409, 8431, 8448, 8466, 8473, 8503, 8522, 8529 or 8538 as appropriate or, failing that, in heading 8485 or 8548.

In order to properly classify these items, we need sufficient evidence to establish that each article is a bona fide part. Some of the items appear to be machines in and of themselves subject to classification in accordance with GRI 1. Do the feeders have their own motors? How is the glue applied (e.g., spray, brush, etc.)? Are the carts self-propelled? Do the carts incorporate lifting mechanisms? Does the hogger cut or trim the stock material? Are the accumulator forks for use with the carts or forklifts? Is the reject tipple an attachment to the conveyors? Is the curtain coater applying a coating by a means other than spraying? Are the NIP and centering rolls being used in a calendering operation?

Include information on manner of shipment. Indicate which of the components will be shipped together. For example, will the feeders, reject tipple and conveyors be shipped together in one shipment? Will the hot press be imported together with its hot press infeed?

Please note that your proposed classification of subheading 8466.92.10, HTSUS, provides for cast-iron parts not advanced beyond cleaning, and machined only for the removal of fins, gates, sprues and risers or to permit location in finishing machinery. The articles you describe all appear to have been advanced beyond cleaning, thus, classification in subheading 8466.92.10, HTSUS, would not be appropriate.

When this information is available, you may wish to consider resubmission of your request. Please limit your ruling request to a maximum of 5 items of the same class or kind. We are returning any related exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. If your request was submitted electronically and the information required does not involve sending a sample, you can re-submit your request and the additional information electronically.

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 Patricia O’Donnell at 646-733-3011.

Sincerely,

Robert B. Swierupski
Director,

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