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NY 880811




December 17, 1992

CLA-2-84:S:N:N1:103 880811

CATEGORY: CLASSIFICATION

TARIFF NO.: 8422.30.9040

Mr. Richard W. Meade
The A.W. Fenton Company, Inc.
P.O. Box 81068
Cleveland, OH 44181-0068

RE: The tariff classification of filling machinery from England

Dear Mr. Meade:

In your letter dated November 25, 1992 on behalf of Mondial Industries Limited you requested a tariff classification ruling.

The imported machinery is designed to fill a molded plastic cassette or holder with plastic film tubing and then to close the cassette. The cassette, which consists of a plastic ring measuring 4.25 inches high and 6.25 inches in diameter, forms the removable portion of a diaper storage and disposal pail known as the "Diaper Genie". As soiled disposable diapers are pushed through the center opening in the cassette they become wrapped in the plastic film, thus creating a more sanitary method for storing and eventually disposing of the used diapers. The imported machinery will consist of a rotating index table with six work stations arrayed around its periphery. The empty cassette holder base is automatically fed, via an air cylinder, at the first station. At subsequent stations the polypropylene film tubing is unwound from a parent roll and layered into the base; the layered tubing is compressed to remove any trapped air; a cap is inserted to close the holder; and the completed unit is ejected via another air cylinder. The imported machinery contains drives and controls to meter the proper amount of film into the cassette, as well as carousel units which maintain a stock of the components. Flashing lights alert the operator when additional supplies of components are needed.

The applicable subheading for the functional unit formed by the machinery described above, imported in a single shipment, will be 8422.30.9040, Harmonized Tariff Schedule of the United States (HTS), which provides for other machinery for filling, closing, sealing, capsuling or labeling bottles, cans or similar containers. The rate of duty will be 3.6 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.

Sincerely,

Jean F. Maguire
Area Director

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