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NY 865145

JUL 25, 1991

CLA-2-84:S:N:N1:105 865145


TARIFF NO.: 8438.80.0000

Mr. Michael O'Neill
O'Neill & Whitaker, Inc.
1809 Baltimore Ave.
Kansas City, Mo. 64108

RE: The tariff classification of a fish fillet trimming machine from Denmark.

Dear Mr. O'Neill:

In your letter dated July 1, 1991 on behalf of Koch Supplies, Inc. you requested a tariff classification ruling.

The automatic fish fillet trimming machine consists of four principal components: a conveyor system, a scanning station, an automatic cutting device and a computer. Fish fillets are fed through the machine by a conveyor belt to the scanning station. The scanning station contains two cameras that provide information to the computer about each individual fillet's shape, volumne, weight and contour. The fish fillets are then conveyed to the automatic cutting device where the cutting operation is performed with water using a high pressure water jet system.

The applicable subheading for the fish fillet trimming machine will be 8438.80.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other machinery for the industrial preparation or manufacture of food or drink. The rate of duty will be 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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