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NY 885591

MAY 21, 1993

CLA-2-84:S:N:N1:105 885591


TARIFF NO.: 8417.80.0000, 8419.89.5060, 8438.50.0010, 8438.90.9060

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 class- ification ruling on behalf of Stork RMS, Inc.

You submitted brochures on scalding machines, dehairing machines and scraper blades therefor, and flaming furnaces.

Illustrated scalding machines include the pull through scalding system, and the Turn-O-Matic. The pull through scalding system is comprised of a conveyor that transports carcasses, vertically suspended from bleeding chains, from the bleeding section to the prewasher and then through the scalding tank, as well as the tank with associated equipment. The carcasses travel submerged through the tank, at the end of which the conveyor raises them to a point where they are automatically released from the chains. The tank is made of stainless steel. Immersion frames, made of tubular steel sections and driven by a motor reducer, ensure that carcasses remain submerged in the tank and keep them moving.

The Turn-O-Matic is a scalding machine consisting of a hot dip galvanized steel scalding tank with stainless steel doors. A totally enclosed ball-bearing spoke drum provides effective insulation and ensures that maximum scalding efficiency is achieved with a minimum of water. The Turn-O-Matic is utilized in smaller slaughterhouses and for that reason may have a flaming unit attached in order to save the added expense of a flaming furnace. The purpose of scalding is to cleanse the carcasses and open the pores somewhat to facilitate the next process, dehairing.

Dehairing machines include the "Tarzan" and "Goliath" machines. Used in large operations, the Tarzan receives carcasses from a scalding tank or tunnel, which enter the machine via a trough. Two drums equipped with scraper blocks impart a rotary motion to the carcasses during dehairing. The rotary motion and the helical motion produced by the staggered arrangement of the U- bars effectively provide in-machine transport of the carcasses. The carcasses are continuously sprayed with warm water to maximize dehairing and wash away the hair.

The Goliath machine is a medium-capacity dehairer. It can be fed from a continuous scalder, employing a conveyor and automatic deshackling facility; from an immersion-type scalder, employing a hydraulic scoop; or from the Turn-O-Matic.

The "David" is a machine that performs simultaneous scalding and dehairing. A hog carcass is placed in the machine with the help of a hoist or via the swing-away cover. The cover is then closed and the machine locked. The machines stops automatically at the end of the preset cycle time.

The Stork Nijhuis scraper blocks can be successfully used in virtually all dehairing machines. They are made of special rubber reinforced with several nylon inlays. The hardened steel scrapers are riveted to the block with supporting plates on the back for strength.

The flaming furnace is used for the singeing of hog carcasses, the finishing touch to the dehairing process. In addition to removing any residual bristles and loose scruff, the desingeing ensures virtual complete destruction of bacteria present on the skin. The furnace has four gas/air mixing columns, each column featuring 16 flame-stabilized burner nozzles.

The applicable subheading for the pull through scalding system and the Turn-O-Matic will be 8419.89.5060, Harmonized Tariff Schedule of the United States (HTS), which provides for other machinery . . . for the treatment of materials by a process involving a change of temperature: other. The rate of duty will be 4.2 percent ad valorem.

The applicable subheading for the Tarzan and Goliath dehairing machines, including those with flaming units, and for the David scalding and dehairing machine will be 8438.50.0010, which provides for industrial machinery, not specified or included elsewhere in this chapter, for the preparation of meat or poultry. The applicable subheading for the scraper blades will be 8438.90.9060, which provides for parts of industrial machinery for the preparation of meat or poultry. The rate of duty for both these subheadings will be 3.5 percent ad valorem.

The applicable subheading for the flaming furnace will be 8417.80.0000, which provides for other industrial furnaces and ovens, nonelectric. The rate of duty will be 5.7 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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