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NY 875628

July 20, 1992

CLA-2-84:S:N:N1:103 875628


TARIFF NO.: 8422.30.9040; 8479.89.9099

Mr. Scott A. Cohn
Grunfeld, Desiderio, Lebowitz & Silverman 12 East 49th St.
New York, NY 10017

RE: The tariff classification of assembly machines from Japan

Dear Mr. Cohn:

In your letter dated June 16, 1992 on behalf of Kao Infosystems Company you requested a tariff classification ruling.

This is one of several ruling requests submitted on behalf of your client covering the importation of numerous machinery items for producing and assembling 3.5 inch magnetic media computer diskettes. The diskettes are basically composed of an outer plastic shell, a protective metal shutter, a metal center hub, and the magnetic media itself. The specific machines covered by this ruling request are:

1. Tote conveyor (models U-301 to U-304) - a conveyor for transporting storage totes holding diskette shells and/or shutters.

2. Three lane unloader (models K-306 and K-406) and four lane unloader (models K-304 and K-404) - machines which utilize X-Y gantry arms to load assembled diskettes into storage totes.

3. Loader (models K-302 and K-402) and tape media cleaner (models K-303 and K-403) - the loader conveys diskettes to a cleaning station where a cleaning tape is inserted to clean the magnetic media.

You state in your letter that the tote conveyor and unloaders will be imported separately, but that the loader and tape media cleaner will be shipped together.

You contend that the three lane and four lane unloader machines are classifiable in the provision for other unloading machinery in heading 8428, HTS. The three lane and four lane unloaders are also provided for in heading 8422, which encompasses machinery for filling containers. Note 2 to chapter 84 states that a machine which answers to a description in one or more of the headings 8401 to 8424 and at the same time to a description in one or more of the headings 8425 to 8480 is to be classified under the appropriate heading of the former group and not the latter. Accordingly, the applicable subheading for the models K-306, K-406, K-304 and K-404 three lane and four lane unloader machines will be 8422.30.9040, Harmonized Tariff Schedule of the United States (HTS), which provides for machinery for filling...bottles, cans or similar containers. The rate of duty will be 3.6 percent ad valorem.
The applicable subheading for the functional unit formed by the models K-302, K-402, K-303 and K-403 loader and tape media cleaner machines will be 8479.89.9099, HTS, which provides for other machines and mechanical appliances having individual functions, not specified or included elsewhere. The duty rate will be 3.7 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the tote conveyor. Your request for a classification ruling should include a statement as to the method of conveyance (e.g., belt, roller) utilized by this machine.

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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