CLA-2-84:S:N:N1:103 875622
Mr. Scott A. Cohn
Grunfeld, Desiderio, Lebowitz & Silverman
12 East 49th St.
New York, NY 10017
RE: The tariff classification of conveyors and a tote cleaning
machine from Japan
Dear Mr. Cohn:
In your letter dated June 16, 1992 on behalf of Kao
Infosystems Company you requested a tariff classification ruling.
This is one of several ruling requests submitted on behalf
of your client covering the importation of numerous machinery
items for producing and assembling 3.5 inch magnetic media
computer diskettes. The diskettes are basically composed of an
outer plastic shell, a protective metal shutter, a metal center
hub, and the magnetic media itself. The specific machines
covered by this ruling request are used in the product picking
system in the packaging area. They are:
1. Model U-151 conveyor - conveys totes holding diskettes.
2. Model U-152 conveyor - conveys empty totes.
3. Model K-152 tote cleaning station - cleans empty totes
by means of a rotating brush and pressurized air blowers.
You request a ruling as to the classification of these three
items when separately imported, as well as a ruling as to their
classification if they are imported together in a single
shipment. In the latter case you contend that the items form a
functional unit, as defined in Note 4 to section XVI of the
Harmonized Tariff Schedule of the United States (HTS), in that
they contribute to a clearly defined function: the conveyance of
totes used to hold computer diskettes. You further claim that
the cleaning station performs the incidental process of cleaning
the totes.
Note 4 to section XVI holds that where a machine (including
a combination of machines) consists of individual components
(whether separate or interconnected by piping, by transmission
devices, by electric cables or by other devices) intended to
contribute together to a clearly defined function covered by one
of the headings in chapter 84 or chapter 85, then the whole falls
to be classified in the heading appropriate to that function. In
discussing this note the Explanatory Notes to the HTS, which
provide the official interpretation of the HTS, state:
For the purposes of this Note, the expression
"intended to contribute together to a clearly defined
function" covers only machines and combinations of
machines essential to the performance of the function
specific to the functional unit as a whole, and thus
excludes machines or appliances fulfilling auxiliary
functions and which do not contribute to the function
of the whole.
The cleaning station does not contribute to the function of
tote conveyance, and is thus not encompassed within any
functional unit which may be formed by the conveyors.
Accordingly, the applicable subheading for the K-152 cleaning
station, whether imported separately or together with the
conveyors, will be 8422.20.0000, HTS, which provides for
machinery for cleaning or drying bottles or other containers.
Your inquiry does not provide enough information for us to
give a classification ruling on the models U-151 and U-152
conveyors. Your request for a classification ruling should
include a statement as to the conveying method (e.g., belt,
roller).
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