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HQ 959287

OCTOBER 21, 1996

CLA-2 RR:TC:MM 959287 JAS


TARIFF NO.: 8472.90.90

Mr. James C. Alludi
A.J. Arango, Inc.
1516 E. 8th. Ave.
Tampa, FL 33605

RE: NY 865382 revoked; Laminizer, desk top laminating machine, household appliance for heat sealing small articles in plastic sleeves; office machines, heading 8472; electric welding machines and apparatus, heading 8515; C.A.D. 986; NY 864424, NY 888918

Dear Mr. Alludi:

Pursuant to section 625(c)(1), Tariff Act of 1930 (19 U.S.C. 1625(c)(1)), as amended by section 623 of Title VI (Customs Modernization) of the North American Free Trade Agreement Implementation Act, Pub. L. 103-182, 107 Stat. 2057, 2186 (1993), notice of the proposed revocation of NY 865382, dated August 2, 1991, was published on September 18, 1996, in the Customs Bulletin, Volume 30, Number 37/38.


The merchandise in issue is the Laminizer, an electric, household-type appliance used to heat seal articles such as photographs, recipe cards, licenses, assorted cards and paper objects, etc., in plastic sleeves. It is generally rectangular in shape with small feet at the four corners as a base, for placement on desks or tabletops. Activating the machine causes the automatic feed motor to start and pre-heating for 2-3 minutes. The article to be sealed is placed into the plastic sleeve and the sleeve inserted, bonded edge first, into the front of the machine where it engages with the automatic feed, and comes out the back.

In NY 865382, issued to you on August 2, 1991, the Area Director of Customs, New York Seaport, held that the Laminizer was classifiable in subheading 8515.80.00, Harmonized tariff Schedule of the United States (HTSUS), which provides for other electric welding machines.

The provisions under consideration are as follows:

8472 Other office machines...:

8472.90 Other:

8472.90.90 Other...2.9 percent ad valorem

8515 Electric...brazing or welding machines and apparatus...:

8515.80.00 Other machines and apparatus
...1.2 percent ad valorem


Whether the Laminizer is an office machine of heading 8472.


Merchandise is classifiable under the Harmonized Tariff Schedule of the United States (HTSUS) in accordance with the General Rules of Interpretation (GRIs). GRI 1 states in part that for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes, and provided the headings or notes do not require otherwise, according to GRIs 2 through 6.

The Harmonized Commodity Description And Coding System Explanatory Notes (ENs) constitute the official interpretation of the Harmonized System. While not legally binding on the contracting parties, and therefore not dispositive, the ENs provide a commentary on the scope of each heading of the Harmonized System and are thus useful in ascertaining the classification of merchandise under the System. Customs believes the ENs should always be consulted. See T.D. 89-80. 54 Fed. Reg. 35127, 35128 (Aug. 23, 1989).

Relevant ENs to heading 8515 describe at p. 1356 certain machines and apparatus for welding thermoplastic materials. Among those are machines for welding with electrically heated elements (heating element welding), in which the surfaces to be joined are warmed by means of electrically heated elements and joined under pressure with or without additives. These notes appear to describe the Laminizer. However, we have reevaluated the available information and determined that because of its size and the environment in which used, the Laminizer is not commonly known as or regarded in the industry as a welding machine. It is a desktop machine, one advertized in submitted literature for use in the household. In reaching this conclusion to exclude the Laminizer from heading 8515, we note that tariff terms do not include everything within their literal meaning. United States v. Andrew Fisher Cycle, Inc., 57 CCPA 102, C.A.D. 986 (1970).

Other ENs at pp. 1302 and 1302a state, in relevant part, that heading 84.72 covers all office machines not provided for more specifically in the HTS. The term "office machines" is to be taken in a wide general sense to include all machines used in offices, shops, factories, workshops, schools, railway stations, hotels, etc., for doing "office work" (work concerning the writing, recording, sorting, filing, etc., of correspondence, documents, forms, records, accounts, etc.). Office machines of heading 84.72 must have a base for fixing or for placing on a table or desk. It is our opinion that the Laminizer does office work for tariff purposes. It is an office machine of heading 8472. NY 864424, dated July 2, 1991, and NY 888918, dated August 6, 1993, classified similar laminating machines in subheading 8472.80.00, HTSUS.


Under the authority of GRI 1, the Laminizer is provided for in heading 8472. It is classifiable in subheading 8472.90.90, HTSUS. NY 865382, dated August 2, 1991, is revoked.

In accordance with 19 U.S.C. 1625(c)(1), this ruling will become effective 60 days after its publication in the Customs Bulletin. Publication of rulings or decisions pursuant to - 4 -

19 U.S.C. 1625(c)(1) does not constitute a change of practice or position in accordance with section 177.10(c)(1), Customs Regulations (19 CFR 177.10(c)(1)).


John Durant, Director
Tariff Classification

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