CLA-2-84:S:N:N1:105 885588
Ms. Pam Brown
Cargo U.K., Inc.
4790 Aviation Parkway
Atlanta, GA 30349
RE: The tariff classification of beef and pork processing
machinery from the Netherlands
Dear Ms. Brown:
In your letter dated April 22, 1993 you requested a tariff
classification ruling on behalf of Stork RMS, Inc.
You attached brochures illustrating and describing the
following slaughterhouse equipment: hog polishing machines,
stunning equipment, a supporting restrainer/stunner and an
automatic restrainer/stunner.
The multi-purpose hog polishing machines are used on hog
carcasses both before and after singeing to friction clean them of
any remaining hair and to polish them. The interior of these
machines consist of rotating drums with rubbeer whips suspended
therefrom. The polishing whips are specially profiled to ensure
perfect operation with a minimum of water consumption. The
combination of whip flexibility and speed of rotation produces
optimum friction cleaning efficiency.
The brochure titled Stunning Equipment shows a manual electric
stunner used to stun hogs, sows or sheep by electric shock. The
equipment consists of a stunning control box with accessories, and
a pair of stunning tongs. Voltage is adjustable in 25V stages from
250V to 350V. Once stunned the animal is stuck and bled.
The horizontal supporting restrainer/stunner is used in large
scale slaughter of pigs. This stunning system has an integral
conveyor with an operating surface disposed to be higher than the
leg length of the animal to be slaughtered and located between
parallel stationary sidewalls used to prevent the animals from
rolling sideways. The pig is placed upright on the conveyor and
is supported under the brisket and belly with its legs straddling
the conveyor. The conveyor moves the pig resting in the upright
position to the stunning station. The stunning device has a pair
of guiding elements disposed to guide the animal's head and a pair
of electrodes hinged to the guiding elements. The supporting
restrainer prevents convulsions after stunning.
The automatic restrainer/stunner allows fully automatic
stunning of hogs in a humane and efficient manner. This method
also facilitates subsequent shackling and sticking. Whereas the
horizontal restrainer/stunner is capable of throughputs of 600 hogs
per hour, the automatic's hourly capability is 1000. In its first
section, restraint is provided by two synchronously operating
conveyors, arranged in a V-shape. The walkway under this
restrainer gradually slopes down, causing the hogs to become
suspended and restrained. The two conveyors of the second transport
section run at a higher speed than those of the first, thus
ensuring proper spacing at the transfer point between the two
sections. The conveyors of the second section transport the hogs
to the stunning station. Two cylinders which hold the electrodes
in the home position ensure proper contact between the electrodes
and the hogs. Both stunning time and voltage are adjustable.
After the preset stunning time, the stunning current is interrupted
automatically.
The applicable subheading for the manual stunning equipment
will be 8543.80.9080, Harmonized Tariff Schedule of the United
States (HTS), which provides for other electrical machines and
apparatus, having individual functions, not specified or included
elsewhere in this chapter: other. The rate of duty will be 3.9
percent ad valorem.
The applicable subheading for the hog polishing machines, the
supporting restrainer/stunner and the automatic restrainer/ stunner
will be 8438.50.0010, HTS, which provides for industrial machinery,
not specified or included elswewhere in this chapter, for the
preparation of meat or poultry. The rate of duty will be 3.5
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