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NY K86998

June 17, 2004
CLA-2-84:RR:NC:1:104 K86998


TARIFF NO.: 8422.30.9130

Mr. Nicholas D’Andrea
Delmar Group
147-55 175th Street
Jamaica, New York 11434

RE: The tariff classification of automatic filling and closing machines from Germany

Dear Mr. D’Andrea:

In your letter dated June 8, 2004 on behalf of Aventis Pasteur, Inc. of Swiftwater, Pennsylvania you requested a tariff classification ruling.

Literature has been provided for two fully automatic filling and closing machines. Model # H 3-10 is designed to fill syringes while model VFVM 2428 is designed to fill vials. The function of both machines is to fill respectively a syringe or vial with a predetermined amount of product and then, by a closing operation, insert a stopper.

In the first stage of the machine’s operation, empty syringes or vials are manually loaded into the filling machines at an infeed station. The syringes or vials are then properly oriented to accept the product and advanced to the filling station. The filling is performed by a filling needle which dispenses the predetermined amount of the product. The filled syringes or vials are then transported to the closing station where stoppers are automatically inserted and then sent to the discharge station of the machine.

You suggest that both models of the filling and closing machines are properly classifiable under HTS subheading 8422.30.9140 which provides for filling, closing, sealing, capsuling or labeling bottles, cans or similar containers.

The applicable subheading for the fully automatic filling and closing machines models H 3-10 and VFVM 2428 will be 8422.30.9140, Harmonized Tariff Schedule of the United States (HTS), which provides for machinery for filling, closing, sealing or labeling bottles cans, boxes, bags or other containers: other: other. The rate of duty will 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 Robert Losche at 646-733-3011.


Robert B. Swierupski

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