CLA-2-84:S:N:N1:103 875622

Mr. Scott A. Cohn
Grunfeld, Desiderio, Lebowitz & Silverman
12 East 49th St.
New York, NY 10017

RE: The tariff classification of conveyors and a tote cleaning machine from Japan

Dear Mr. Cohn:

In your letter dated June 16, 1992 on behalf of Kao Infosystems Company you requested a tariff classification ruling.

This is one of several ruling requests submitted on behalf of your client covering the importation of numerous machinery items for producing and assembling 3.5 inch magnetic media computer diskettes. The diskettes are basically composed of an outer plastic shell, a protective metal shutter, a metal center hub, and the magnetic media itself. The specific machines covered by this ruling request are used in the product picking system in the packaging area. They are:

1. Model U-151 conveyor - conveys totes holding diskettes.

2. Model U-152 conveyor - conveys empty totes.

3. Model K-152 tote cleaning station - cleans empty totes by means of a rotating brush and pressurized air blowers.

You request a ruling as to the classification of these three items when separately imported, as well as a ruling as to their classification if they are imported together in a single shipment. In the latter case you contend that the items form a functional unit, as defined in Note 4 to section XVI of the Harmonized Tariff Schedule of the United States (HTS), in that they contribute to a clearly defined function: the conveyance of totes used to hold computer diskettes. You further claim that the cleaning station performs the incidental process of cleaning the totes.

Note 4 to section XVI holds that where a machine (including a combination of machines) consists of individual components (whether separate or interconnected by piping, by transmission devices, by electric cables or by other devices) intended to contribute together to a clearly defined function covered by one of the headings in chapter 84 or chapter 85, then the whole falls to be classified in the heading appropriate to that function. In discussing this note the Explanatory Notes to the HTS, which provide the official interpretation of the HTS, state:

For the purposes of this Note, the expression "intended to contribute together to a clearly defined function" covers only machines and combinations of machines essential to the performance of the function specific to the functional unit as a whole, and thus excludes machines or appliances fulfilling auxiliary functions and which do not contribute to the function of the whole.

The cleaning station does not contribute to the function of tote conveyance, and is thus not encompassed within any functional unit which may be formed by the conveyors. Accordingly, the applicable subheading for the K-152 cleaning station, whether imported separately or together with the conveyors, will be 8422.20.0000, HTS, which provides for machinery for cleaning or drying bottles or other containers.

Your inquiry does not provide enough information for us to give a classification ruling on the models U-151 and U-152 conveyors. Your request for a classification ruling should include a statement as to the conveying method (e.g., belt, roller).

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