CLA-2-84:RR:NC:1:120
Mr. Jonathan M. Fee
Alston & Bird LLP
The Atlantic Building
950 F Street, NW
Washington, DC 20004
RE: The tariff classification of an integrated blow molding, filling and capping machine from France.
Dear Mr. Fee:
In your letter dated June 1, 2007, you requested a tariff classification ruling on behalf of your client, Sidel, Inc.
The merchandise under consideration is the Combi, an all-stainless steel, integrated blow molding, filling, and capping machine used to bottle beverages and other liquids in polyethylene terephthalate (PET) plastic containers. This machine fills the finished bottles it molds from plastic bottle blanks with a beverage or other liquid, and then caps the bottles. Depending on the requirements of a particular product line, the Combi can be designed to include any of a variety of filling technologies, including flow meter filling, level gravity filling, isobarometric volumetric filling, level filling with probe, gravimetric filling, mechanical volumetric filling, electronic volumetric filling, and hot filling. The Combi is a composite good, the principal function of which is the filling of bottles. The blow molding function is considered to be secondary to this principal function, similar to the merchandise described in Ruling NY G84376.
The applicable subheading for the Combi will be 8422.30.9140, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Machinery for filling, closing, sealing or labeling bottles, cans, boxes, bags, or other containers…: Machinery for filling, closing, sealing or labeling bottles, cans, boxes, bags, or other containers…: Other: Other: Machinery for filling, closing, sealing, capsuling or labeling bottles, cans, or similar containers: Machines for filling, whether or not capable of performing other operations: Other.” The rate of duty will be Free.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
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 Denise Faingar at 646-733-3010.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division