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NY C87074

May 15, 1998

CLA-2-84:RR:NC:1:103 C87074


TARIFF NO.: 8479.89.9797

Mr. Gary Smith
A.N. Deringer, Inc.
6930 Metroplex Drive
Romulus, MI 48174

RE: The tariff classification of powder compacting presses from England

Dear Mr. Smith:

In your letter dated April 21, 1998 on behalf of PTX Pentronics you requested a tariff classification ruling.

With your inquiry you submitted literature on the Monostatic and Densomatic series of compacting presses. These machines are used to apply high pressure to a mold filled with a powdered material. The pressure causes the powder to compress to the shape of the mold, thus forming the desired article. The Monostatic machines are single cavity presses designed for research and development or batch production. Densomatic presses are automatic multi-cavity isostatic machines designed for continuous high volume production. Both series of machines are capable of use with plastic, ceramic, glass, carbide, oxide, and metal powders for producing such articles as valves, sensors, bearings, and nozzles.

The Densomatic Ball Press is used for the production of milling balls and other spherical products ranging from 20 to 90 millimeters in diameter. It features a fast cycle press system, high accuracy powder dispensing, continuous pressure monitoring, and a PLC controller.

You suggested that these machines may be classifiable in heading 8474, Harmonized Tariff Schedule of the United States (HTS), which provides for, among other things, machinery for agglomerating, shaping or molding solid mineral fuels, ceramic paste, unhardened cements, plastering materials or other mineral products in powder or paste form. However, in view of the wide range of materials with which these machines are capable of being used, and in the absence of information establishing that they belong to a class or kind principally used to compact mineral powders, they cannot be classified within heading 8474.

Accordingly, the applicable subheading for these powder compacting presses will be 8479.89.9797, HTS, which provides for machines and mechanical appliances having individual functions, not specified or included elsewhere (in chapter 84): other machines and mechanical appliances: other: other: other: other. The rate of duty will be 2.7 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Alan Horowitz at 212-466-5494.


Robert B. Swierupski

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