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NY 810386

June 6, 1995

CLA-2-84:S:N:N1:103 810386


TARIFF NO.: 8479.82.0080; 8422.40.9080

Mr. Franco Cordaro
Bruzzone Shipping Inc.
530 Burnside Avenue
Inwood, NY 11696

RE: The tariff classification of tire recycling machines from Italy

Dear Mr. Cordaro:

In your letter dated May 11, 1995 on behalf of Products and Engineering International you requested a tariff classification ruling.

Your client will be involved in establishing a plant which will recycle up to 2.5 million scrap tires per year and manufacture finished products from the resulting materials. The plant will consist of numerous machines of both domestic and foreign origin. This ruling is concerned with several pieces of equipment which will be used to reduce the tires to granules. The equipment used in the manufacturing of finished products is the subject of a separate ruling request, file number NY 810729.

In a telephone conversation with a member of my staff, Mr. Roberto Rovere of Products and Engineering International requested a ruling as to the classification of the following:

1. Granulator - a machine which utilizes a rotating drum equipped with elicoidal-shaped knives to reduce the tires to granules.

2. Primary screen - a double stage machine which separates the granules (from which the fabric and steel have previously been removed) into those over 3 millimeters and those less than 3 millimeters in size.

3. Fine mill - a machine which contains five axial blades mounted on a rotor and three counterblades fixed to a stator to further reduce any granules over 3.5 millimeters in size.

4. Secondary screen - a machine composed of a 30 mesh screen and a 60 mesh screen which separates the granules into those less than .4 mm, those between .4 mm and 1 mm, and those over 1 mm in size.

5. Packaging-palletizing plant - a series of machines which form plastic bags, fill the bags with granules, seal the bags, stack them onto a pallet, and wrap the stack with stretch plastic film.

The applicable subheading for the granulator, primary screen, fine mill, and secondary screen will be 8479.82.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for machines and mechanical appliances having individual functions, not specified or included elsewhere...: other machines and mechanical appliances: mixing, kneading, crushing, grinding, screening, sifting, homogenizing, emulsifying or stirring machines: other. The rate of duty will be 3 percent ad valorem.

The applicable subheading for the functional unit formed by the packaging-palletizing line, imported in a single shipment, will be 8422.40.9080, HTS, which provides for other packing or wrapping machinery: other: other. The rate of duty will be 2.9 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
New York Seaport

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