The tariff classification of a glass separator from Germany

NY 811024 June 21, 1995 CLA-2-84:S:N:N1:103 811024 CATEGORY: Classification TARIFF NO.: 8479.89.9598 Mr. Eric T. Buchanan D.J. Powers Co., Inc. PO Box 9239 Savannah, GA 31412-9239 RE: The tariff classification of a glass separator from Germany Dear Mr. Buchanan: In your letter dated May 22, 1995 on behalf of Tomen America Inc. you requested a tariff classification ruling. Literature submitted with your request indicates the BWG glass separator is used in a glass recycling operation to sort waste glass by color. Initially, glass containers are crushed and the glass particles are separated according to size. Next metallic and non-metallic contaminants are removed from the crushed glass. The glass granules are then fed to the BWG glass separator, which contains opto-electronic detection units. Computerized control systems evaluate the signals received from opto-electronic detection units and, based on these signals, electric pulses are transmitted to blow-out units. The blow-out units utilize air blasts to separate the various colored glass particles. In your ruling request you have suggested classifying the BWG glass separator in the provision for machinery for sorting, screening, separating, washing, crushing, grinding, mixing or kneading earth, stone, ores or other mineral substances, in solid (including powder or paste) form in heading 8474, Harmonized Tariff Schedule of the United States. The language of this heading states that it encompasses separating machinery for "earth, stone, ores or other mineral substances." As glass is not an earth, stone, ore or mineral substance, the glass separator cannot be classified in heading 8474. The applicable subheading for the BWG glass separator will be 8479.89.9598, Harmonized Tariff Schedule of the United States (HTS), which provides for machines and mechanical appliances having individual functions, not specified or included elsewhere...: other machines and mechanical appliances: other: other: other: other. The rate of duty will be 3.5 percent ad valorem. This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177). A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction. Sincerely, Jean F. Maguire Area Director New York Seaport