CLA-2-84:OT:RR:NC:1:104
Ms. Kelley O’Connor
Bozel North America LLC
7177 Crabb Road
Temperance, MI 48182
RE: The tariff classification of a Feeder Machine from France
Dear Ms. O’Connor:
In your letter dated August 25, 2014 you requested a tariff classification ruling.
The imported item is called the Feeder Machine which is a stand-alone machine encased in a steel cabinet. The inside of the box contains 4 electric motors and 4 sets of pneumatically controlled drive wheels with electronic controls to operate the motors and wheels. The rollers and the motors pull the hollow steel tube which functions as a container for powders of alloys from coils that are behind the feeder. The tube is then pulled into the feeder via the rollers and then pushed out the other side of the Feeder. The tube is then pushed into curved pipes to direct the alloy filled tube to be plunged into molten steel inside a huge ladle. The purpose of this Feeder Machine is that special alloys can be efficiently and economically added to the molten steel in order to make high-end specialty grades of steel out of generic steel.
In your ruling letter, you suggested tariff number 8479.89.9800 of the Harmonized Tariff Schedule of the United States (“HTSUS”) be considered as a classification for the Feeder Machine. Consideration was given to your proposed classification of 8479.89.9800 HTSUS, which provides for Machines and mechanical appliances having individual functions not specified or included elsewhere in Chapter 84. However, General Rule of Interpretation (GRI) 1, HTSUS, states in part that for legal purposes, classification shall be determined according to the terms of the headings, any relative section or chapter notes. Heading 8428, HTSUS provides for a better description of the merchandise.
The applicable subheading for the Feeder Machine will be 8428.90.0290, HTSUS, which provides for Other lifting, handling, loading or unloading machinery (for example, elevators, escalators, conveyors, teleferics): Other machinery: Other. 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 Patricia O’Donnell at [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division