CLA-2-84:S:N:N1:103 883797

Ms. Noriene Douglas
Schenkers International Forwarders, Inc.
P.O. Box 10552
Charleston, SC 29411

RE: The tariff classification of a brake pad press from Austria

Dear Ms. Douglas:

In your letter dated March 11, 1993 on behalf of Leinweber Maschinen USA you requested a tariff classification ruling.

The Leinweber System 2000 brake pad press is used in the manufacture of vehicle brake pads. Materials used in the manufacture of these pads include mineral, organic, and steel fibers, as well as resins and fillers. We understand the exact composition of the friction material from which the brake pad will be pressed varies in accordance with vehicle parameters such as weight distribution and inertia.

The System 2000 press uses heat and pressure to compress the various materials into the proper brake pad shape. It incorporates from one to twelve mold cavities as well as individual scales to weigh the exact amount of the different materials needed for a particular pad. The machine operator utilizes a distribution funnel to insert the materials into a die which has been placed into the mold cavity. This cavity is heated to a temperature of approximately 300 degrees Fahrenheit, and a punch compresses the materials for a specified time (typically 4-5 minutes). The pad can then be removed from the die and the cycle repeated. The applicable subheading for the System 2000 brake pad press will be 8474.80.0015, Harmonized Tariff Schedule of the United States (HTS), which provides for other machinery for agglomerating, shaping or molding solid mineral fuels, ceramic paste, unhardened cements, plastering materials or other mineral products in powder or paste form: other. The rate of duty will be 2.9 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