CLA-2 RR:CR:GC 961522 JAS
Port Director of Customs
200 Granby Street, Suite 839
Norfolk, VA 23510
RE: PRD 1401-98-100001; Grader System; Continuous Weighing Machine, Grader and Sizer; Weighing Scales, Scales for Discharging a Predetermined Weight of Material, Subheading 8423.30.00; Composite Good, Essential Character, GRI 3(b), GRI 6
Dear Port Director:
This is our decision on Protest 1401-98-100001, filed
against your classification under the Harmonized Tariff Schedule
of the United States (HTSUS), of a grader system or weight grader
from Iceland. The entry under protest was liquidated on October
10, 1997, and this protest timely filed on December 29, 1997.
FACTS:
The merchandise in issue is a grader system, also called a
sizer or weight grader, used in the weighing, grading and sizing
of chicken fillets and tenders, chunk meats, fish, and other food
products. It consists essentially of infeed and take-away
conveyors, a weighing machine or scale and, in this case, a
batching bin. The product moves by infeed conveyor to the
weighing machine which utilizes a weight sensor or load cell.
This machine operates without interruption to weigh individual
pieces and, based on weight, activates mechanical discharge arms
that pull the product from the scale into the pneumatically-operated batching bin. When a predetermined weight of product is
reached, the door to the batching bin closes and a signal light
activates. A button is then pushed which permits the batched
product to fall down the chute into bags or boxes which the take-away conveyor removes. The machinery does not mechanically wrap
or package the product, nor does it replace full bags with empty
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ones. These functions are performed by a technician. There is
no indication that this machinery is capable of detecting and
removing defective product. The computer that monitors and
controls the entire process is not a part of this importation.
The entry was liquidated under a provision in HTS heading
8423 for scales for continuous weighing of goods. The
importer/protestant describes the machinery as a catch weighing
unit that, unlike the flow scale which the company also produces,
is not able to operate as a continuous weight scale. He claims
that another provision in heading 8423, scales for discharging a
predetermined weight of material into a bag or container,
represents the correct classification.
The provisions under consideration are as follows:
8423 Weighing machinery...:
8423.20.00 Scales for continuous weighing of goods on conveyors
8423.30.00 [s]cales for discharging a predetermined
weight of material into a bag or container, including hopper scales
ISSUE:
Whether the weight grader is a scale for continuous weighing
of goods.
LAW AND ANALYSIS:
Merchandise is classifiable under the Harmonized Tariff
Schedule of the United States (HTSUS) in accordance with the
General Rules of Interpretation (GRIs). GRI 1 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 provided the headings or notes do not
require otherwise, according to GRIs 2 through 6.
GRI 3(a) states, in part, that where goods are prima facie
classifiable under two or more headings, each of which refers to
part only of the materials or substances contained in composite
goods, those headings are to be regarded as equally specific in
relation to those goods. GRI 3(b) states that composite goods
made up of different components shall be classified according to
their essential character.
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GRI 6 states, in part, that goods are classifiable in the
subheadings of a heading according to the terms of those
subheadings and any related subheading notes and, by appropriate
substitution of terms, to GRIs 1 through 5, on the understanding
that only subheadings at the same level are comparable. The
relative section, chapter and subchapter notes also apply, unless
the context requires otherwise.
The parties agree that the grader system under protest is
weighing machinery of heading 8423. To compare the competing
subheadings, however, it is necessary to apply the GRIs at the
subheading level of heading 8423 through GRI 6. Subheading
8423.20.00 describes scales that weigh continuously. In our
opinion, it includes scales that operate in a continuous process
with brief intervals or with continued recurrence. Subheading
8423.30.00 describes scales for discharging a predetermined
weight of material into a bag or container. As each subheading
describes part only of the grader system, they are deemed to be
equally specific under GRI 3(a).
Whether the conveyors, weighing machine and batching bin are
attached together to form a practically inseparable whole or are,
in fact, separable, the components are adapted one to the other,
are mutually complementary, and there is no indication they are
normally offered for sale separately. Under GRI 3(b), this
machinery qualifies as a composite good which is to be classified
as if consisting of that component which imparts the essential
character to the whole. In this case, the collection of pieces
into batches of predetermined weight is necessarily predicated on
the continuous weighing function. We conclude, therefore, that
the weighing component imparts the essential character to the
grader system.
HOLDING:
The grader system or weight grader is provided for in
heading 8423. Under the authority of GRI 3(b), applied at the
subheading level through GRI 6, it is classifiable in subheading
8423.20.00, HTSUS.
The protest should be DENIED. In accordance with Section
3A(11)(b) of Customs Directive 099 3550-065, dated August 4,
1993, Subject: Revised Protest Directive, you should mail this
decision, together with the Customs Form 19, to the protestant no
later than 60 days from the date of this letter. Any
reliquidation of the entry or entries in accordance with the
decision must be accomplished prior to mailing the decision.
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Sixty days from the date of the decision the Office of
Regulations and Rulings will take steps to make the decision
available to Customs personnel via the Customs Rulings Module in
ACS and to the public via the Diskette Subscription Service, the
Freedom of Information Act and other public access channels.
Sincerely,
John Durant, Director
Commercial Rulings Division