CLA-2-84:OT:RR:NC:1:104
Ms. Linda M. Weinberg
Barnes & Thornburg LLP
1717 Pennsylvania Ave. N.W.
Suite 500
Washington, DC 20006-4623
RE: The tariff classification of a vending machine from China
Dear Ms. Weinberg:
In your letter dated August 15, 2012, on behalf of your client EnvisionWare Inc., you requested a tariff classification ruling.
The EnvisionWare “24-Hour Library” is designed for the vending and lending of books and other media directly to consumers. The devices are designed to hold and dispense books and /or CDs and DVDs. They can be installed in a variety of locations such as parks, senior centers, libraries, malls, airports and other public places. They can be installed indoors and or, alternatively, outdoors provided a canopy or overhang is installed. The vending device is being imported as a completed unit and will be installed at the customer’s desired site. The main components of the “24-Hour Library” consists of computers dedicated to various uses, their corresponding displays, a credit card terminal, and a series of motors that drive the delivery systems to vend the books and other media. The device is importer as a complete unit.
The “24-Hour Library” is available in three different models. The “24L-200” is the 200 item model, weighs 3,000 pounds, has dimensions of 2.95 ft. D x 9.69 ft. W x 6.56 ft. H. It contains four shelf motors and one robot arm motor. The “24L-400” holds up to 400 items, weighs 6,000 pounds, has dimensions of 5.08 ft. D x 11.48 ft W x 7.87 ft. H and contains one robot arm motor . The “24L-800” weighs 8,000 pounds, has dimensions of 5.44 ft. D x 21.78 ft. W x 8.17 ft. H and features six shelf motors and two robot arm motors. All the models contain a credit card terminal that is equipped with a barcode, magnetic stripe, and RFID (near-field communications or “NFC”) reading capabilities to read any form of credit card, debit card and library card. It can be used for a variety of consumer transactions such as sales, rental transactions, and payment of late fees. Each model incorporates three computers, i.e., (1) one which provides the user display, integrates the credit card terminal and sends commands to a Programmable Logic Controller, (2) one that is used for promotional purposes such as advertising a new novel or movie and (3) one for searching for books or other media in the system.
The applicable subheading for the EnvisionWare “24-Hour Library” will be 8476.89.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Automatic goods-vending machines (for example, postage stamp, cigarette, food or beverage machines), including money-changing machines; parts thereof: Other machines: Other”. The rate of duty will be Free.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
In your letter, you indicate that it is possible some specially-designed, optional or repair/service parts may be entered with the device or in a separate shipment. Your inquiry does not provide enough information for us to give a classification ruling on the optional canopy or repair/service parts. Your request for a classification ruling should include a detailed listing of these parts by name, part number, material of composition and function/use. Specific details needed on the canopy such as material of composition, method by which the canopy is attached to vending system, hardware included with canopy, etc. Photographs showing the canopy in use would be helpful.
In general, parts are classified in accordance with note 2 to Section XVI which states that, subject to certain exclusions found in note 1 to Section XVI, note 1 to Chapter 84 and note 1 to Chapter 85, parts of machines (not being parts of the articles of heading 8484, 8544, 8545, 8546 or 8547) are to be classified according to the following rules:
(a) Parts which are goods included in any of the headings of chapters 84 and 85 (other than headings 8409, 8431, 8448, 8466, 8473, 8487, 8503, 8522, 8529, 8538 and 8548) are in all cases to be classified in their respective headings;
(b) Other parts, if suitable for use solely or principally with a particular kind of machine, or with a number of machines of the same heading (including a machine of heading 8479 or 8543) are to be classified with the machines of that kind or in heading 8409, 8431, 8448, 8466, 8473, 8503, 8522, 8529 or 8538 as appropriate. However, parts which are equally suitable for use principally with the goods of headings 8517 and 8525 to 8528 are to be classified in heading 8517;
(c) All other parts are to be classified in heading 8409, 8431, 8448, 8466, 8473, 8503, 8522, 8529 or 8538 as appropriate or, failing that, in heading 8487 or 8548.
When this information is available, you may wish to consider resubmission of your request. Please note that a ruling request is limited to a maximum of 5 items of the same class or kind.
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 Patricia O’Donnell at (646) 733-3011.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division