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NY J87388

July 24, 2003

CLA-2-84:RR:NC:1:104 J87388


TARIFF NO.: 8462.29.8055; 8428.90.0090

Ms. Lisa V. Waller
BDG International, Inc.
846 Foster Ave.
Bensenville, IL 60106

RE: The tariff classification of metal bending machines from Italy

Dear Ms. Waller:

In your letter dated June 26, 2003 on behalf of CML USA, Inc. of Davenport, Iowa you requested a tariff classification ruling.

You have provided a brochure describing Ercolina tube, pipe and profile bending equipment. You specifically mention bending machine models 060U, OK60U, 030, OK30, SB48-1, OK48-1 and 070/2 as well as a positioner used with these bending machines.

Per discussion with Mr. Scott Tunis of CML, the models you mention are variations of four machines: MegaBender 030, SB48, SuperBender 060 and Medi-Bender 070. All of these models employ the rotary draw bending method. The material (metal pipe or tube) is drawn through a stationary counterbending die onto a fixed radii forming tool to accomplish the desired bend angle. These electro-mechanical machines have no hydraulic components and are not numerically controlled.

The MAC-A40/P Two Axis Positioner loads the tube into the bending machine and can also rotate the tube. It effectively controls the linear distance between bends and rotary movement of the tube. It features mechanical stops to maintain the distance between bends, a graduated chuck to control rotary movement, a pneumatic chuck to clamp the work piece securely for repeatability and pneumatic controls for chuck opening and closing. It can be used with the MegaBender, SuperBender and SB48 without modification but according to Mr. Tunis it is an accessory that is always ordered separately.

The applicable subheading for the MegaBender 030, SB48, SuperBender 060 and MediBender 070 will be 8462.29.8055, Harmonized Tariff Schedule of the United States (HTS), which provides for machine tools (including presses) for working metal by bending, folding, straightening, flattening, shearing, punching or notching: : bending, folding, straightening or flattening machines (inclulding presses): other: other. The rate of duty will be 4.4 percent.

The applicable subheading for the MAC-A40/P Two Axis Positioner will be 8428.90.0090, HTS, which provides for other lifting, handling, loading or unloading machinery (for example elevators, escalators, conveyors, teleferics): other machinery. The rate of duty will be free.

The benders and the positioners are included in Section XVI of the HTS. Section XVI, Note 4 covers machines consisting of individual components (whether separate or interconnected by piping, by transmission devices, by electric cables or by other devices) intended to contribute together to a clearly defined function covered by one of the headings in chapter 84 or chapter 85. The whole, in such cases, is classified in the heading appropriate to that function.

Should the positioner be imported with the MegaBender, SuperBender, SM48, or other bending machine with which it could be used, it would be classified with that machine as a functional unit under HTS subheading 8462.29.8055 in accordance with Section XVI, Note 4.

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 Robert Losche at 646-733-3011.


Robert B. Swierupski

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