The tariff classification of the Vacupress machine from Germany

NY H80335 May 10, 2001 CLA-2-84:RR:NC:1:103 H80335 CATEGORY: Classification TARIFF NO.: 8479.89.9797 Mr. James E. DeSpain DeSpain/Babcock PO Box 1070 Kernersville, NC 27285 RE: The tariff classification of the Vacupress machine from Germany Dear Mr. DeSpain: In your letter dated April 2, 2001 you requested a tariff classification ruling. Literature submitted with your inquiry indicates the Vacupress machine is used in various industries to densify a variety of powder products. By increasing the bulk density of very fine powders the packaging, storage, and transportation costs of these materials are minimized, and compacting or granulating of these powders can be performed more efficiently. The Vacupress basically consists of a housing incorporating a filter drum and a pressure drum rotating in opposite directions. The powder enters the unit through an inlet and is drawn onto the filter drum. As the drum revolves a vacuum exhausts air from the powder, which forms a continuous layer on the surface of the drum. The layer of de-aerated powder then passes between the filter and pressure drums, where the pressure generated forces the particles closer together, creating a denser powder. Finally, a doctor blade scrapes the densified material off the filter drum. The gap between the drums, as well as the distance between the doctor blade and the filter drum, can be adjusted to accommodate different particle sizes. You suggested that the Vacupress may be classifiable in subheading 8422.30.90, Harmonized Tariff Schedule of the United States (HTS), which provides for other machinery for filling, closing sealing or labeling bottles, cans, boxes, bags or other containers. However, the function of this machine is not to fill a container but to de-aerate and densify a powder. Additionally, we note that the descriptive literature you submitted states that the Vacupress can discharge to packing or filling machines, as well as compactors and pelletizers. The applicable subheading for the Vacupress machine will be 8479.89.9797, which provides for machines and mechanical appliances having individual functions, not specified or included elsewhere (in Chapter 84): other machines and mechanical appliances: other: other: other: other. The rate of duty will be 2.5 percent ad valorem. 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 Alan Horowitz at 212-637-7027. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division