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NY N005374

February 7, 2007



TARIFF NO.: 8462.21.0000

Mr. Dan Falzon
WF Whelan Co.
P.O. Box 42422
Detroit, Michigan 48242

RE: The tariff classification of a tube forming machine from France.

Dear Mr. Falzon:

In your letter dated January 10, 2007, on behalf of European Technology, you requested a tariff classification ruling.

The submitted literature describes the tube forming machine (model number SE10152) as a numerically controlled machine that forms stainless steel into diameter tubing. You have stated that there is no welding function performed by the machine after the tube processing. The tube forming machine (SE10152) is a fully electric machine that uses a fixed head/mobile tube axis system and comes with 10 numerical axes. It is capable of automatically processing stainless steel into tubes up to 152mm in diameter. The machine is driven by Siemens 840 numerical control with 611D drives (fully digital technology).

The applicable subheading for the tube forming machine will be 8462.21.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Machine tools (including presses) for working metal by forging, hammering or die-stamping; machine tools (including presses) for working metal by bending, folding, straightening, flattening, shearing, punching or notching; presses for working metal or metal carbides, no specified above: Bending, folding straightening or flattening machines (including presses): Numerically controlled. The rate of duty will be 4.4% ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Patricia O’Donnell at 646-733-3011.


Robert B. Swierupski

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