CLA-2-84:S:N:N1:103 811024
Mr. Eric T. Buchanan
D.J. Powers Co., Inc.
PO Box 9239
Savannah, GA 31412-9239
RE: The tariff classification of a glass separator from Germany
Dear Mr. Buchanan:
In your letter dated May 22, 1995 on behalf of Tomen America
Inc. you requested a tariff classification ruling.
Literature submitted with your request indicates the BWG
glass separator is used in a glass recycling operation to sort
waste glass by color. Initially, glass containers are crushed
and the glass particles are separated according to size. Next
metallic and non-metallic contaminants are removed from the
crushed glass. The glass granules are then fed to the BWG glass
separator, which contains opto-electronic detection units.
Computerized control systems evaluate the signals received from
opto-electronic detection units and, based on these signals,
electric pulses are transmitted to blow-out units. The blow-out
units utilize air blasts to separate the various colored glass
particles.
In your ruling request you have suggested classifying the
BWG glass separator in the provision for machinery for sorting,
screening, separating, washing, crushing, grinding, mixing or
kneading earth, stone, ores or other mineral substances, in solid
(including powder or paste) form in heading 8474, Harmonized
Tariff Schedule of the United States. The language of this
heading states that it encompasses separating machinery for
"earth, stone, ores or other mineral substances." As glass is
not an earth, stone, ore or mineral substance, the glass
separator cannot be classified in heading 8474.
The applicable subheading for the BWG glass separator will
be 8479.89.9598, Harmonized Tariff Schedule of the United States
(HTS), which provides for machines and mechanical appliances
having individual functions, not specified or included
elsewhere...: other machines and mechanical appliances: other:
other: other: other. The rate of duty will be 3.5 percent ad
valorem.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport