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NY 864565

July 19, 1991

CLA-2-84:S:N:N1:103 864565


TARIFF NO.: 8422.30.9090; 8423.30.0000

Mr. C. H. Timm
50 West Street
New York, NY 10006

RE: The tariff classification of bagging equipment from Germany or Great Britain

Dear Mr. Timm:

In your letter dated June 19, 1991 on behalf of Chronos Richardson you requested a tariff classification ruling.

Along with your inquiry you submitted several brochures describing various models of bag filling and weighing machines. Model OMBP is an automatic open mouth bag placing machine. It takes empty paper or plastic bags and positions them on a filling spout. It consists basically of a steel frame, vacuum pump, bag separation and pickup suction cups, bag placing arm, pickup table, bag magazine, and pneumatic and electric controls. Piles of empty bags are manually placed on the pickup table or in the magazine by the machine's operator. The suction cups separate and pickup a single bag, and the bag is opened by expanding jaws on the lifting arm. The lifting arm then places the bag on the filling spout, where it is securely held by a clamp while a separate scale discharges the precise weight of product into the bag. The filled bag is automatically released onto a conveyor for transfer to a bag closer. The model OMBP has a maximum output of 800 bags per hour.

Models SAA-S and SAA-H are automatic valve type bag placers for vertical or horizontal filling spouts. They are essentially similar to the model OMBP, and feature an arm equipped with suction cups which lifts the valve bottom bag, a tappet which opens the bag, and clamping pincers which hold the bag firmly onto the filling spout. They also incorporate electro-pneumatic controls and a vacuum pump. These models are combined with an M1 bag magazine which can hold up to 1200 empty bags, and an SP series bag distributor which aligns and separates the bag piles and carries a bag to the arm of the SAA-S or SAA-H bag placer. Models G-17, GA-17, and GS-17 bagging scales are used in conjunction with the bag placers described above to weigh out the precise amount of material to be packaged. Model G-17 contains a weight indicator, reinforced bag spout, flow control inlet gate, true scale weight beam, and bin attachment flanges, and is designed for use with free flowing granular materials. The unit is initially attached to the bottom of a material bin. When the operator pulls down the gate handle, the inlet gate opens and the material flows directly from the bin through the spout and into the bag. The material continues to flow until the proper weight is reached, at which point the gate closes automatically. Model GA-17 incorporates a belt feeder and model GS-17 contains a screw feeder, but otherwise the units are essentially the same as the model G-17.

The applicable subheading for the models OMBP, SAA-S, and SAA-H, whether imported separately or as a functional unit with a bagging scale, will be 8422.30.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for other machinery for filling, closing, sealing, capsuling or labeling boxes, bags or similar containers: other. The rate of duty will be 3.6 percent ad valorem.

The applicable subheading for the models G-17, GA-17, and GS-17 bagging scales, imported separately, will be 8423.30.0000, HTS, which provides for constant-weight scales and scales for discharging a predetermined weight of material into a bag or container, including hopper scales. The rate of duty will be 4.4 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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