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NY F88701

July 13, 2000

CLA-2-84:RR:NC:1:103 F88701


TARIFF NO.: 8428.39.0000; 8422.30.9090

Mr. Joseph Cardinali
Cardinal Engineering P.C.
54 North Slope
Clinton, NJ 08809

RE: The tariff classification of handling and packaging machines from Holland

Dear Mr. Cardinali:

In your letter dated June 12, 2000 you requested a tariff classification ruling.

With your inquiry you submitted information on two separate machines which will be used in an industrial bakery. The first machine, referred to as a base cake feeding machine, is a vibratory conveyor for orienting and feeding cookies to an existing mallow depositing machine. The cookies are collected from an oven and manually placed into the machine’s hopper. Utilizing vibratory feeders, the machine will orient the cookies into 19 lanes and feed them to the mallow depositor machine. It is capable of feeding a maximum of 1045 cookies per minute.

The second machine will be used to automatically place enrobed (chocolate-covered) cookies individually into plastic trays which contain pockets for holding each cookie. The machine forms the cookies into lanes and then drops them individually on edge into the tray pockets. The filled trays are then delivered to an existing wrapping machine which wraps the tray, thus producing a bag of cookies for retail sale.

The applicable subheading for the base cake feeding machine will be 8428.39.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other lifting, handling, loading or unloading machinery: other continuous-action elevators and conveyors, for goods or materials: other. The rate of duty will be free.

The applicable subheading for the tray filling machine will be 8422.30.9090, HTS, which provides for machinery for filling, closing, sealing, capsuling or labeling boxes, bags, or similar containers: other. The rate of duty will again be free.

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 212-637-7027.


Robert B. Swierupski

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