CLA-2-84:RR:NC:1:103 D89818
Mr. Michael G. Hodes
Hodes Keating & Pilon
33 North Dearborn Street, Suite 2204
Chicago, IL 60602-3109
RE: The tariff classification of a hose assembly machine and push-on tools from Sweden
Dear Mr. Hodes:
In your letter dated March 26, 1999 on behalf of Finn-Power U.S.A., Inc. you requested a tariff classification ruling.
With your inquiry you submitted descriptive literature on an AutoInsert 5-50 machine and push-on tools. The AutoInsert is used in the production of hydraulic hoses. Using automatic self-centering jaws and a push-on tool, the machine grips a hose containing a ferrule and pushes a nipple fitting onto the ferrule, thus ensuring the correct alignment of these two components. The AutoInsert features an automatic tool change operation which allows it to insert straight and elbow fittings on the same hose. The unit can handle hoses ranging from 3/16 inch to 2 inches in diameter, and can insert from 400-600 nipple fittings per hour. It is powered by an external compressed air source, and contains a PLC controller.
In your letter you suggested classifying the AutoInsert 5-50 in subheading 8465.94.00, Harmonized Tariff Schedule of the United States (HTS), which provides for machine tools (including machines for nailing, stapling, glueing or otherwise assembling) for working wood, cork, bone, hard rubber, hard plastics or similar hard materials: other: bending or assembling machines. The AutoInsert 5-50, rather than assembling the hard materials specified in the heading, is used to assemble a metal nipple to a metal ferrule. Thus in our opinion it is not a machine tool and cannot be classified in subheading 8465.94.00, HTS. The applicable subheading for the AutoInsert 5-50 will be 8479.89.9797, HTS, which provides for machines and mechanical appliances having individual functions, not specified or included elsewhere (in chapter 84): other machines and mechanical appliances: other: other: other: other. The duty rate will be 2.5 percent ad valorem.
The push-on tools are used to insert the nipple fitting into the hose ferrule. They do not crimp or squeeze the fitting. The tools are made of steel, are available in various sizes which correspond to the size of a hose, and come in versions for straight and elbow fittings. While they may also be used in the AutoSkive 5-50 and OneSkive 5-50 skiving machines, correspondence from you dated April 16, 1999 indicated that they are principally used with the AutoInsert 5-50.
You suggested that the push-on tools may be classifiable in subheading 8466.92.5090, HTS, which provides for other parts and accessories suitable for use solely or principally with the machines of heading 8465: other: other. However, as the AutoInsert 5-50 is not a machine tool of heading 8465, the tools cannot be classified in this subheading. The applicable subheading for the push-on tools will be 8479.90.9595, HTS, which provides for parts of machines and mechanical appliances having individual functions, not specified or included elsewhere (in Chapter 84): other: other: other. The duty rate will be free.
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 ruling, contact National Import Specialist Alan Horowitz at 212-637-7027.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division