CLA-2-84:RR:NC:MM:106 B82157

Mr. Richard J. Hartenstine
F.W. Myers & Co., Inc.
20 North Central Avenue, Second Floor
Valley Stream, New York 11580

RE: The tariff classification of an automatic hog splitting and cleaning machine from Germany.

Dear Mr. Hartenstine:

In your letter dated February 13, 1997, on behalf of Leon Van Leeuwen Corp., you requested a tariff classification ruling.

The article in question, an automatic hog stomach splitting and cleaning lines machine, model no. SCL 700, is designed to provide the first step in the complete processing by meat packers of hog stomachs intended for human consumption, as well as for pet food. The machine splits open the hog stomach and then mechanically washes the hog stomach using recycled water.

The applicable subheading for the automatic hog stomach splitting and cleaning machine will be 8438.50.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for machinery for the preparation of meat or poultry. The rate of duty will be 3.1 percent ad valorem.

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 Patrick J. Wholey at 212-466-5668.

Sincerely,

Robert B. Swierupski
Chief, Metals & Machinery Branch
National Commodity
Specialist Division