CLA-2 CO:R:C:G 087017 JMH
District Director
U.S. Customs Service
2nd & Chestnut Streets
Philadelphia, PA 19106
RE: Internal Advice 16/90, radial riveting machine, riveting
machine, machine tool for use with metal, principal use with
metal
Dear Madam or Sir:
This request for internal advice was initiated by a letter
dated December 7, 1989, from the Bracker Corporation of
Carnegie, Pennsylvania. Our decision follows.
FACTS:
The articles in question are the Modular Bracker Radial
Riveting and Assembly Machines. The Bracker machines are
imported by Bracker Corporation from Switzerland. The Bracker
machine systems are motor driven and may be designed and built
for the customer's required specifications.
The Bracker riveting machines are designed so that the
orbital or wobble tool moves to form a rosette pattern. Each
path of the rosette pattern passes through a center point. The
longitudinal axis of the riveting tool always overlaps the center
of the rivet point. The advantage to this technology is that the
material is spread radially from the center outward, rather than
around the center. The riveting machines accommodate a variety
of riveting tools. The machines may be used for engraving,
marking, beveling and burnishing surfaces. Case-hardened
materials, galvanized and other plated surfaces, Bakelite,
ceramic, glass, thermoset plastic assemblies, and other brittle
materials may be used with the Bracker machines.
The Bracket riveting machines may be combined with CNC
control, a X-Y tables, a work table, and other optional equipment
to build assembly system workstations. These systems are suitable
for staking of pins, and support and mounting posts of
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PC boards. The systems are also able to perform riveting,
flanging and flaring of shouldered rivet, sleeves, Peru nuts and
other metal/plastic fasteners onto metal and non-metallic
plates.
Upon entry, the Bracker Radial Riveting and Assembly
Machines were classified in subheading 8463.90.00, Harmonized
Tariff Schedule of the United States Annotated ("HTSUSA"), as
"Other machine tools for working metal, sintered metal carbides
or cermets, without removing metal...Other..." The importer
believes that the machines should be classified in-subheading
8465.99.00, HTSUSA, as "Machine tools (including machines for
nailing, stapling, glueing or otherwise assembling) for working
wood, cork, bone, hard rubber, hard plastics or similar hard
materials...Other..."
ISSUE:
Whether the Bracket Radial Riveting and Assembly Machines
are used for working metal and properly classified in subheading
8463.90.00, HTSUSA, or for working other hard materials and
properly classified in subheading 8465.99.00, HTSUSA.
LAW AND ANALYSIS:
The classification of merchandise under the HTSUSA is
governed by the General Rules of Interpretation (GRI's). GRI 1,
HTSUSA, states in part that "for legal purposes, classification
shall be determined according to the terms of the headings and
any relative section or chapter notes and...according to the
following provisions."
The radial riveting and assembly machines in question, in
order to be classified in either heading 8363, HTSUSA, or heading
8365, HTSUSA, must first be "machine tools". The language of the
HTSUSA does not provide a definition of the term "machine tool",
as did the previous tariff, the Tariff Schedules of the United
States ("TSUS"). This requires that the Explanatory Notes to the
HTSUSA be examined for guidance in the determination of what is a
"machine tool." The Explanatory Notes, although not dispositive,
are to be looked to for the proper interpretation of the HTSUSA.
See 54 Fed. Reg. 35127, 35128 (August 23, 1989).
The Explanatory Notes provide a more expansive definition
for "machine tool" than was found in the TSUS. These notes state
that a machine tool is a power-driven machine, but similar
machines worked by hand or pedal are also considered machine
tools. See Explanatory Note 84.59, Harmonized Commodity
Description and Coding System ("HCDCS") Vol, 3, p. 1272,
Explanatory Note 84.60, HCDCS, Vol. 3, p. 1275; Explanatory Note
84.61, HCDCS, Vol. 3, p. 1276; Explanatory Note 84.62, HCDCS,
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Vol. 3, p. 1279; Explanatory Note 84.63, HCDCS, Vol. 3, p. 1281;
Explanatory Note 84.64, HCDCS, Vol. 3, p. 1282; Explanatory Note
84.65, Vol. 3, p. 1284.
The Bracker machines are machine tools within the meaning of
the HTSUSA. They could be described by either heading 8463 or
heading 8465. However, the headings describe particular
materials with which the machine tools operate. The Bracker
machines are operable with both metallic and non-metallic
surfaces. To discern the appropriate classification it must be
determined with what material the machines are principally used.
In the United States, goods that are classified according to use,
are to be classified according to their principal use.
Additional U.S. GRI l(a), HTSUSA.
The importer contends that the machines are principally used
with diecast materials and thermoplastics, but are also used with
metals. Diecast materials may be either metals or plastics.
The importer has provided no definitive evidence of the principal
use being with hard materials other than metals.
It is the opinion of this office that the terms of heading
8463, HTSUSA, best describes the radial riveting machines in
question, in accordance with GRI 1. Explanatory Note 84.63
states that heading 8463 includes riveting machines. Explanatory
Note 84.63(5), HCDCS, Vol. 3, p. 1281. Without clear evidence to
the contrary, this office interpretsthe HTSUSA as the Explanatory
Notes indicate. The proper classification of the radial riveting
machines is in subheading 8463.90.00, HTSUSA, as "Other machine
tools for working metal, sintered metal carbides or cermets,
without removing metal...Other..."
HOLDING:
The Bracker Riveting and Assembly Machines are machine tools
within the meaning of the HTSUSA. The Explanatory Notes indicate
that riveting machines are to be included in heading 8463,
HTSUSA. Since there is not evidence to the contrary, the radial
riveting machines in question are considered to be principally
used with metals. Therefore, in accordance with GRI 1, the
riveting machines fall under heding 8463. The appropriate
classification for the Bracker Riveting and Assembly Machines is
within subheading 8463.90.00, HTSUSA, as "Other machine tools for
working metal, sintered metal carbides or cermets, without
removing metal...Other..."
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Please advise the internal advice applicant of this
decision.
Sincerely,
John Durant, Director
Commercial Rulings Division