CLA-2-84:S:N:N1:103 878579
Mr. Mathews C. Herring
Philip Morris USA Inc.
P.O. Box 26603
Richmond, VA 23261
RE: The tariff classification of a tray filler and tray unloader
from Germany
Dear Mr. Herring:
In your letter dated September 14, 1992 you requested a
tariff classification ruling.
The Korber HCF-80 tray filler machine is used to place
cigarettes, filter rods, or cigarette tubes into trays or
dispatch cartons. It features a buffer capable of holding 10
filled and 10 empty trays. An empty tray is transported from the
empty tray station at the rear of the machine to a position above
the hopper. The shut-off device then opens and the cigarettes,
filter rods, or tubes slide from the hopper through the shut-off
and into the slowly descending tray. When the tray has been
filled the shut-off closes and the filled tray is carried away to
the full tray station.
The Magomat-80 tray unloader machine is used to transport
and empty the filled trays into the hopper of a cigarette
packaging machine. It incorporates a lifting mechanism to
transport filled trays to a turning mechanism. Once the previous
tray has been emptied, the turning mechanism inverts the tray
over the packaging machine's hopper, thus discharging the
cigarettes or filter rods. At the same time the previous tray,
now empty, is lowered and conveyed to the empty tray station and
the next full tray is collected.
The tray filler and tray unloader machines are linked
together in a cigarette production line to form what is referred
to as the Comflex System. They are placed between a cigarette
making machine and a cigarette packaging machine and serve to
maintain the output of the production line. The HCF-80 enables
the cigarette machine to continue operating while the cigarette
packer is temporarily stopped, while the Magomat-80 enables the
cigarette packer to continue at full speed when the cigarette
maker is temporarily unavailable.
The applicable subheading for the HCF-80 tray filler
machine, whether imported separately or together with the tray
unloader, will be 8422.30.9040, Harmonized Tariff Schedule of the
United States (HTS), which provides for machinery for filling,
closing, sealing, capsuling or labeling bottles, cans or similar
containers: machines for filling whether or not capable of
performing other operations: other. The rate of duty will be 3.6
percent ad valorem.
The applicable subheading for the Magomat-80 tray unloader
machine, whether imported separately or together with the tray
filler, will be 8428.90.0090, HTS, which provides for other
lifting, handling, loading or unloading machinery: other
machinery: other: other. The rate of duty will be 2 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