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NY 885588

MAY 24, 1993

CLA-2-84:S:N:N1:105 885588


TARIFF NO.: 8438.50.0010, 8543.80.9080

Ms. Pam Brown
Cargo U.K., Inc.
4790 Aviation Parkway
Atlanta, GA 30349

RE: The tariff classification of beef and pork processing machinery from the Netherlands

Dear Ms. Brown:

In your letter dated April 22, 1993 you requested a tariff classification ruling on behalf of Stork RMS, Inc.

You attached brochures illustrating and describing the following slaughterhouse equipment: hog polishing machines, stunning equipment, a supporting restrainer/stunner and an automatic restrainer/stunner.

The multi-purpose hog polishing machines are used on hog carcasses both before and after singeing to friction clean them of any remaining hair and to polish them. The interior of these machines consist of rotating drums with rubbeer whips suspended therefrom. The polishing whips are specially profiled to ensure perfect operation with a minimum of water consumption. The combination of whip flexibility and speed of rotation produces optimum friction cleaning efficiency.

The brochure titled Stunning Equipment shows a manual electric stunner used to stun hogs, sows or sheep by electric shock. The equipment consists of a stunning control box with accessories, and a pair of stunning tongs. Voltage is adjustable in 25V stages from 250V to 350V. Once stunned the animal is stuck and bled.

The horizontal supporting restrainer/stunner is used in large scale slaughter of pigs. This stunning system has an integral conveyor with an operating surface disposed to be higher than the leg length of the animal to be slaughtered and located between parallel stationary sidewalls used to prevent the animals from rolling sideways. The pig is placed upright on the conveyor and is supported under the brisket and belly with its legs straddling the conveyor. The conveyor moves the pig resting in the upright position to the stunning station. The stunning device has a pair of guiding elements disposed to guide the animal's head and a pair of electrodes hinged to the guiding elements. The supporting restrainer prevents convulsions after stunning.

The automatic restrainer/stunner allows fully automatic stunning of hogs in a humane and efficient manner. This method also facilitates subsequent shackling and sticking. Whereas the horizontal restrainer/stunner is capable of throughputs of 600 hogs per hour, the automatic's hourly capability is 1000. In its first section, restraint is provided by two synchronously operating conveyors, arranged in a V-shape. The walkway under this restrainer gradually slopes down, causing the hogs to become suspended and restrained. The two conveyors of the second transport section run at a higher speed than those of the first, thus ensuring proper spacing at the transfer point between the two sections. The conveyors of the second section transport the hogs to the stunning station. Two cylinders which hold the electrodes in the home position ensure proper contact between the electrodes and the hogs. Both stunning time and voltage are adjustable. After the preset stunning time, the stunning current is interrupted automatically.

The applicable subheading for the manual stunning equipment will be 8543.80.9080, Harmonized Tariff Schedule of the United States (HTS), which provides for other electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter: other. The rate of duty will be 3.9 percent ad valorem.

The applicable subheading for the hog polishing machines, the supporting restrainer/stunner and the automatic restrainer/ stunner will be 8438.50.0010, HTS, which provides for industrial machinery, not specified or included elswewhere in this chapter, for the preparation of meat or poultry. 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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