CLA-2-84:S:N:N1:104 866338

Mr. R.S. Robinson
International Mill Service
Surface Conditioning Div.
P.O. Box 449
Gary, Indiana 46402

RE: The tariff classification of a scarfing machine from France

Dear Mr. Robinson:

In your letter dated August 21, 1991 you requested a tariff classification ruling. The Androfer Scarfing Machine flames away cracks and other defects on the face, sides and edges of a steel slab. You describe it as a robot controlled gas torch. It consists basically of a manipulator arm, a multi-variable torch capable of five different pass widths and a cab that runs on rails. By fax, you have indicated that the unit is controlled by a man riding within the cab equipped with a "Nintento" type control for the robotic arm. The operator controls both the depth of cut and the speed of the slab moving past him. To remove more material, the slab is slowed down. The amount of material removed generally does not exceed an eighth of an inch.

The applicable subheading for the Androfer Scarfing Machine will be 8461.90.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for other machine tools working by removing metal, not elsewhere specified or included. The rate of duty will be 4.4 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