CLA-2-84:RR:NC:1:103 J80289

Mr. Thomas A. Penksa
PBB Global Logistics, Inc.
PO Box 950
Buffalo, NY 14150-0950

RE: The tariff classification of an Index Stretch Blow machine from Canada

Dear Mr. Penksa:

In your letter dated January 23, 2003 on behalf of Husky Injection Molding Systems Ltd. you requested a tariff classification ruling.

Your client intends to export to the United States a combination injection molding and blow molding machine known as an Index Stretch Blow (ISB) machine. This novel machine will basically consist of an injection unit, a clamp unit, and a blow molding unit, each on its own base. The process currently used to produce a hollow plastic bottle or similar container involves two separate machines: an injection molding machine for producing the preform, and a blow molding machine to reheat the preform and blow the bottle to its final shape. The ISB machine will perform all the operations needed to produce a bottle in a single process. Pellets of plastic resin will be fed into the injection unit, where they will be melted and forced into molds in the clamp section to produce the plastic preforms. The hot preforms will then be transferred to the blow molding section, a six-station rotary wheel containing transfer and bottle removal robots, heating lamps, and a blow clamp. In the blow molding section air will be blown into the preforms to expand them to their final hollow shape. The bottles can then be placed onto a conveyor by means of the bottle removal robot. The conveyor is an option which may or may not be included with the machine. The ISB will be exported in three sections and assembled into its final configuration after importation.

The applicable subheading for the ISB machine, with or without its end conveyor, imported in a single shipment, will be 8477.30.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for machinery for working rubber or plastics or for the manufacture of products from these materials, not specified or included elsewhere (in chapter 84): blow-molding machines. The rate of duty will be 3.1 percent ad valorem.

You also inquired as to the classification of the ISB machine sections imported individually. The applicable subheading for the injection section and the clamp section, each imported separately, will be 8477.90.8510, HTS, which provides for other parts of machinery for working rubber or plastics or for the manufacture of products from these materials, not specified or included elsewhere (in chapter 84): other. The rate of duty will be 3.1 percent ad valorem. The applicable subheading for the blow molding unit, imported by itself, will again be subheading 8477.30.0000, HTS.

You asked several questions regarding the entry status of an ISB machine if it was shipped on different trucks, through the same port or different ports, within one day or over several days. Your questions regarding the entry status of this merchandise should be addressed to:

Office of Regulations and Rulings U.S. Customs Service Headquarters 1300 Pennsylvania Avenue, NW Washington, DC 20229

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 Alan Horowitz at 646-733-3010.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division