CLA-2-84:OT:RR:NC:N1:106
Ms. Michelle Welsh
Drinker, Biddle & Reath, LLP
191 North Wacker Dr.
Suite 3700
Chicago, IL 60606
RE: The tariff classification of aluminum plate stretcher parts from Germany.
Dear Ms. Welsh:
In your letter dated January 28, 2010, you requested a tariff classification ruling on behalf of your client, Alcan Rolled Products-Ravenswood, LLC. Descriptive information and artwork were submitted with your request.
Three components of a system designed to impose required stretching of aluminum plates prior to further manufacturing were presented. The first of these components is a loading and centering device which is said to be imported unassembled but with all necessary components for assembly of the parts into a complete device. The loading and centering device lifts, loads and positions the aluminum plates in the stretcher and after stretching is complete, assists with the lifting of the stretched plates from the system. The second device considered is the clamping system which is also imported unassembled but complete. This device holds the plates in position while being stretched by the plate stretcher (classification of the plate stretcher was not requested here).
The applicable subheading for the loading and centering device will be 8428.90.0190, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other lifting, handling, loading or unloading machinery: other machinery, other. The rate of duty will be free.
You suggest that the clamping system would be correctly classified as machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter,…: other machines and mechanical appliances: other: other, other in 8479.89.9898, HTSUS. This is not correct as that HTSUS number no longer exists. The applicable subheading for the clamping system will be 8479.89.9899, HTSUS, which provides for machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter,…: other machines and mechanical appliances: other: other, other. The rate of duty will be 2.5 percent ad valorem.
The third item submitted for consideration is an electronic control system for all functions of the plate stretcher. This office is not able to offer a classification of this component at this time as additional information is required.
Please provide a photograph, labeled schematic, technical specifications and an operator’s manual for the electronic control system and explain how it is connected to the larger plate stretching system.
With what two apparatus of headings 8535 or 8536 HTS, is the electronic control system equipped? Please be specific. Please provide a list of all the components included in the electronic control system.
Please describe in detail how the electronic control system performs electrical control or the distribution of electricity. Does it directly cause electrical circuits to open and close? If so, how does it do this?
You state that the electronic control system is a programmable logic controller. Please provide specifications for the processor. What type of firmware is installed, and what does it do? How much and what types of storage and memory does it contain? How and why is the electronic control system programmed? Please explain.
If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
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 loading and centering device ruling, contact National Import Specialist Mark Palasek at (646) 733-3013. If you have any questions regarding the clamping system ruling, contact National Import Specialist Patricia O’Donnell at (646) 733-3011. If you have any questions regarding the electronic control system, contact National Import Specialist Thomas Campanelli at (646) 733-3016.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division