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HQ 083274

September 26, 1989

CLA-2 CO:R:C:G 083274 JMH

CATEGORY: CLASSIFICATION

TARIFF NO.:

Mr. A.D. Gate
Metallurgical Consultant
Pickands Mather & Co.
1100 Superior Avenue
Cleveland, OH 44114

RE: Wireform Feeder from Italy

Dear Mr. Gate:

Your letter of October 24, 1988, requesting a classification ruling regarding the Wireform Feeder from Italy has been forwarded to this office for a reply.

FACTS:

The equipment in question is a machine used in the production of steel by in-ladle metallurgy. The purpose of this wireform feeder is to add precise amounts of corrective elements, in powder form, to the liquid metal in the ladle. It performs a number of functions to accomplish this purpose.

The liquid metal in the ladle is treated by the direct introduction of "cored wire". The "cored wire" contains powdered materials such as ferroalloys and/or other materials or blends. The key feature of this machine is that it does not use preformed "cored wire" containing predetermined amounts of specific alloys. The instant wireform feeder forms a tube at the site, fills it with the exact weight and sequence of the specified alloy, metal or other granule, and then injects it immediately into the ladle or furnace.

To create the "cored wire", a metal sheet is unrolled from an accumulation roll. (This roll appears to be a separate unit, not imported, but the balance of the machinery appears to be on a common base.) The sheet is horizontally advanced through a tube forming section which has a filling matrix at its center. A loading hopper with a metering device is positioned above the filling matrix. This loading hopper receives the powder elements from an upper hopper. The upper hopper is internally subdivided
into various compartments to which the various materials are stored awaiting use.

The metering device is connected to an automatic scale, both of which are under the control of a process computer. The metered and weighed powders are deposited on the metal sheet traveling at the base of the matrix. The sheet is formed into a "U" shape. A pair of forming rollers close the "U" cross section of the sheet to form a tube and simultaneously compact the powders. At the outlet of the forming rollers, the continuous tube is sent into a guide and a retention duct from which it is injected into the ladle.

ISSUE:

What is the proper classification under the Harmonized Tariff Schedule of the United States (HTSUSA) for the wireform feeder imported from Italy?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is governed by the General Rules of Interpretation (GRI's). GRI 1 states in part that "for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes..." Machinery and mechanical appliances are covered by the headings within Section XVI, Chapter 84, HTSUSA.

Section XVI, Note 3, HTSUSA, provides that "composite machines consisting of two or more machines fitted together to form a whole..." are classified according to the principal function of the machine as a whole, unless the context requires otherwise.

Chapter 84, Note 7, HTSUSA, states:

"A machine which is used for more than one purpose is, for the purposes of classification, to be treated as if its principal purpose were its sole purpose...Subject to...note 3 to section XVI, a machine the principal purpose of which is not described in any heading or for which no one purpose is the principal purpose is...to be classified in heading 8479."

It is the opinion of this office that the wireform feeder, with its metering and weighing, tube forming, tube filling, and injection functions, is a composite machine. However, no one function is the principal purpose of the machine. Therefore, according to the relevant section and chapter notes, the wireform feeder is to be classified within heading 8479, HTSUSA. Chapter 84, Note 7, HTSUSA.

HOLDING:

The proper classification for the wireform feeder is 8479.89.90, HTSUSA. The rate of duty is 3.7 percent ad valorem.

Sincerely,

John Durant, Director
Commercial Rulings Division

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