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NY 859704

JAN 24, 1991

CLA-2-84:S:N:N1:105 859704


TARIFF NO.: 8438.80.0000

Ms. E. Chapman
Kuehne & Nagel, Inc.
410 Grandview Drive
South San Francisco, CA 94080

RE: The tariff classification of food cutting machines from Belgium.

Dear Ms. Chapman:

In your letter dated January 10, 1991 on behalf of Magnuson Corporation you requested a tariff classification ruling.

Model 7264 is used for length and crosswise cutting of many food products such as bread, celery, collards, cabbage leaves, and ham. Model 9413 is employed to slice, strip cut and dice apples, bacon, cheese, eggs, melon and pears. Both are used in factories and restaurants rather than homes.

The applicable subheading for Models 7264 and 9413 will be 8438.80.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for machinery, not specified or included elsewhere in this chapter, for the industrial preparation or manufacture of food or drink. The rate of duty will be 3.5 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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