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HQ 965247

NOVEMBER 13, 2001

CLA-2 RR:CR:GC 965247 JAS


TARIFF NO.: 8462.10.00

Kristine M. Nelson
Harper,Robinson & Co.
411 E. Irving Park Road
Bensenville, IL 60106

RE: NY 857696 Revoked; Mechanical Transfer Press

Dear Ms. Nelson:

In NY 857696, which the then-Area Director of Customs, now the Director of Customs National Commodity Specialist Division, New York, issued to you on November 8, 1990, on behalf of IHI, Inc., a mechanical transfer press was found to be classifiable in a provision for other machine tools (including presses) for working metal, in subheading 8462.99.00 (now 80), Harmonized Tariff Schedule of the United States (HTSUS). We have reconsidered this classification and now believe that it is incorrect.

Pursuant to section 625(c), Tariff Act of 1930 (19 U.S.C. 1625(c)), 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 857696 was published on October 3, 2001, in the Customs Bulletin, Volume 35, Number 40. No comments were received in response to that notice.


Mechanical transfer presses are machine tools which utilize tools called dies to produce stamped parts for a variety of automotive and industrial applications. In operation, sheet metal stock is moved by a transfer mechanism from station to station within the press where, by force or pressure, the dies perform combinations of cutting, forming, trimming and sizing operations as the part gradually takes shape.

The HTSUS provisions under consideration are as follows:

8462 Machine tools (including presses) for working metal by...die-stamping:...:

8462.10.00 Forging or die-stamping machines (including presses) and hammers


8462.99 Other

8462.99.80 Other


Whether mechanical transfer presses are die-stamping machines for tariff purposes.


Under General Rule of Interpretation (GRI) 1, Harmonized Tariff Schedule of the United States (HTSUS), goods are to be classified 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 at the international level. Though not dispositive, the ENs provide a commentary on the scope of each heading of the HTSUS. Customs believes the ENs should always be consulted. See T.D. 89-80. 54 Fed. Reg. 35127, 35128 (Aug. 23, 1989).

Where not defined in the legal text of the HTSUS, either in a section or chapter note, or clearly described in the ENs, a tariff term is construed in accordance with its common and commercial meanings, which are presumed to be the same. In technical areas, Customs places great emphasis on industry-specific lexicons in determining the
common meaning of a term. These lexicons tend to define terms with greater specificity than do general purpose dictionaries. See Brown-Boveri Corp. v. United States, 55 CCPA 19, 23, C.A.D. 870 (1966), and cases cited. The Glossary of Mechanical Press Terms, published by the American Society of Mechanical Engineers (ASME) as American National Standard B5.49M (1984), defines stamping as:

The end product of a press operation, or a series of operations, wherein a piece part is generated by processing flat (or perforated) strip or sheet stock between the opposing members of a die. During the operation(s), the material is subjected to pressure sufficient to cut the part, or form the part, or both, into the required configuration. A general tern used to describe the process, or the press operations, or both.

The ENs to heading 8462, on pp.1383 and 1384, indicate that stamping (or cutting out) is a process for forcing metal, by impact or pressure, to fill the hollows of metal moulds called dies. Generally, a press is used. Stamping machines can utilize special cutting dies to eliminate the flash produced during stamping or cutting out. The finishing operation carried out by a precision die-stamper is described as sizing, and produces the parts' necessary precise dimensions. It is apparent that die-stamping presses are capable of numerous machining operations that produce finished parts. Transfer dies consist of a series of stamping dies that progressively form the part, usually starting with a drawing or forming operation, then trimming, piercing, flanging, etc. Multiple dies/stations are typically required to complete the stamping operations on a part, and they are usually contained in a single press. From the available information, we are led to conclude that multiple transfer presses are a type of die stamping machine and should be so classified.


Under the authority of GRI 1, the mechanical transfer press the subject of NY 857696 is provided for in heading 8462. It is classifiable in subheading 8462.10.00, HTSUS, a provision for die-stamping machines (including presses).


NY 857696, dated November 8, 1990, is revoked. In accordance with 19 U.S.C. 1625(c), this ruling will become effective 60 days after its publication in the Customs Bulletin.


John Durant, Director
Commercial Rulings Division

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