CLA-2-84:RR:NC:1:104 L80203

Mr. Thomas A. Penksa
PBB Global Logistics
670 Young St.
Tonawanda P.O. Box 950
Buffalo, New York 14213-0950

RE: The tariff classification of parts for injection molding machines from unspecified countries

Dear Mr. Penksa:

In your letter dated October 12, 2004 on behalf of Husky Injection Molding Systems Ltd. of Bolton, Ontario you requested a tariff classification ruling.

Your client intends to import finished plastic injection molding machine parts from a non-NAFTA country into Canada. These parts will be shipped to the U.S. without further processing as replacement parts and used as parts of injection molding machines made in Canada. By obtaining the classification of these parts, your client will be able to determine if the complete plastic injection molding machines incorporating these parts would qualify for NAFTA treatment based on general note 12(t)/8477.10. (A NAFTA ruling on the machines is not requested at this time.)

In addition to drawings and photos, you have provided the following descriptions of the injection molding machine components to be shipped to the U. S. as replacement parts:

Feed throat stud – a threaded rod that is screwed into the injection housing and is used to keep the feed throat in alignment with the hole in the injection barrel.

Return tube or injection return tube – after injection, the return tube is used to re-circulate the hydraulic fluid to the tank at tank pressure. The return tube is used in place of a hydraulic hose, which would not be suitable over an extremely short run. Tie rod or injection tie rod – used to secure the two end plates of an injection cylinder together.

End plate or injection end plate – the injection base of the machine incorporates a hydraulic fluid reservoir or tank. The end of the reservoir is a rectangular machined plate, known as the injection end plate which will be welded to the hydraulic reservoir. The plate has had holes machined including a hole to accommodate a tube and shell cooler.

Spline shaft – used to transfer torque and also acts as a sliding component to achieve a second access of movement. The shaft is machined with a modified spline detail.

Tie bar retainer plate or tie bar nut retainer – used to apply a load to the tie bar nut to prevent the nut from rotating about the tie bar.

Retaining plate spacer – used in a similar manner to a “thick” washer. It makes up for the difference in material thickness of a machine part to allow a level pre-loading of the component.

The applicable tariff provision for the all of the above components except the spline shaft will be 8477.90.8510, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other parts of injection molding machines. The general rate of duty will be 3.1 percent.

The applicable tariff provision for the spline shaft will be 8483.10.5000, HTS, which provides for other transmission shafts and cranks. The general rate of duty will be free.

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 Robert Losche at 646-733-3011.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division