NY 856661
OCT 22 1990
CLA-2-84:S:N:N1:104 856661
Mr. Don Brummett
Brummett Enterprises, Inc.
8410 West Wilderness Way
Shreveport, LA 71106
RE: The tariff classification of press brakes and shearing
machines from Taiwan.
Dear Mr. Brummett:
In your letter dated September 17, 1990, you requested a
tariff classification ruling.
Literature submitted with your inquiry indicates that three types
of press brakes will be imported by your firm. These types are: (1)
manual - hand brake/bench type (Models N-s2420, N-s4822 and N-s4816),
hand brake/floor type (Models V-412, V-612, V-812, V-816, V-1014 and
V-1016), box and pan brake/bench type (Models N-u4822 and N-u4816) and
box and pan brake/floor type (Models V- 412-6, V-612-6, V-812-6 and
V-1014-6), (2) hydraulic and (3) mechanical. Models vary according to
size and capacity. Each of the brakes performs a bending operation by
which a piece of sheet metal is placed between upper and lower dies and
formed through the force and pressure exerted by lowering the ram. The
hydraulic press brake uses hydraulic cylinders to actuate the ram. The
mechanical press brake produces ram motion by an eccentric shaft driven
by a clutch and a flywheel that are operated by an electric motor.
These press brakes will be used in the metal fabricating industry.
None of the above models are numerically controlled. All the models
are valued over U.S. $2,500 each.
The two types of squaring shears to be imported are manual foot
shears (Models 0-5216 and 0-3616) and hydraulic power shears (Models
H-5216, H-0425, H-0625, H-1025, H-0432, H-0632, H-0832 and H-1032).
Models vary according to size and capacity. The shears cut large
sheets of metal into pieces of smaller length and width. In both
types, the upper knife is mounted at an angle with respect to the lower
horizontal knife. As the blades come together and contact the metal
being sheared, the blades penetrate the metal until tensile strength is
overcome by pressure and penetration and a crack or rupture develops
from both sides. The manual and hydraulic shears differ in the way by
which the crosshead, i.e. the moving member on which the upper knife is
mounted, is moved. The manual shear uses a foot treadle that extends
the length of the shear to actuate the manually driven crosshead. The
hydraulic power shear utilizes hydraulic cylinders to move the
crosshead in a vertical direction. None of the above models are
numerically controlled. All of the models are valued over U.S. $2,500
each.
The applicable subheading for the manual, hydraulic and mechanical
press brakes will be 8462.29.0030, Harmonized Tariff Schedule of the
United States (HTS), which provides for machine tools for working metal
by bending, folding, straightening or flattening: other, other, press
brakes. The rate of duty will be 4.4% ad valorem.
The applicable subheading for the manual and hydraulic shears will
be 8462.39.0050, HTS, which provides for machine tools for working
metal by shearing: other, other. The rate of duty will be 4.4% ad
valorem.
Press brakes and shearing machines from Taiwan classifiable under
8462.29.0030, HTS, and 8462.39.0050, HTS, respectively, do not require
Taiwanese export licenses in accordance with the Agreement on Trade in
Certain Machine Tools between the United States and Taiwan. Further
information may be obtained by writing to the International Trade
Administration, Office of Agreements Compliance, Department of
Commerce, Washington, D.C. 20230.
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