CLA-2-84:S:N:N1:110 878260
Mr. Charles L. Deschenes
Avery Dennison Corp.
1 Clarks Hill
Framingham, MA 01701-8164
RE: The tariff classification of a Plastic Staple Attaching
Machine from Japan.
Dear Mr. Deschenes:
In your letter dated September 8, 1992, you requested a
tariff classification ruling.
The merchandise under consideration involves a machine that
is used by garment and apparel manufacturers to attach labels and
tags to the garments. The machine is a foot pedal actuated,
benchmounted, electromechanical device. It is comprised of
aluminum castings, injection molded plastic parts, machined steel
and die cast components, and it houses one electric gear
reduction motor. Its key elements are a pair of hollow needles,
a mechanical spring-wrap clutch, and a vertically moveable head
assembly which act together to penetrate materials supported on
an anvil.
This Ticket attaching machine fastens tags to fabrics by
inserting plastic fasteners (staples) through the tag and through
the underlying fabric. The fasteners are inserted with two
hollow needles mounted in an electrically actuated stapling head.
It thus resembles a threadless sewing machine. The tags that are
attached to the fabric can easily be removed by the customer
without damaging the material.
The Harmonized Commodity Description and Coding System
Explanatory Notes (EN) to heading 8452 state that this provision
includes special purpose sewing machines that do not use two
threads and a shuttle, as most sewing machines usually
incorporate. This machine would therefore meet the broad
definition of an industrial sewing machine.
The applicable subheading for the Plastic staple attaching
machine will be 8452.21.9000, Harmonized Tariff Schedule of the
United States (HTS), which provides for other automatic sewing
machines. The rate of duty will be 2.5 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