CLA-2-84:OT:RR:NC:N1:120
Mr. Rick Bedwell
Cryovac, Incorporated
100 Rogers Bridge Road
P.O. Box 464
Duncan, SC 29334-0464
RE: The tariff classification of a Rotary Vacuum Chamber Machine, an Automatic Bag Loader and Rotary Vacuum Chamber Machine, and a Form Fill Sealing Machine from Japan; a BetaVac Belted Single Chamber Vacuum Packaging Machine, and a Cheese Bag Loader Machine from New Zealand
Dear Mr. Bedwell:
In your letter dated April, 6, 2011, on behalf of Sealed Air Corporation, you requested a tariff classification ruling.
The merchandise under consideration is referred to as a rotary vacuum single chamber packaging machine for food products and is identified as the 8600 series. It is made with stainless steel components and fasteners as well as featuring a fully automatic central lubrication system. The clearly defined function of this functional unit is to vacuum seal packages containing meat and cheese products. The unit can speed up to sixty cycles per minute and can process a maximum product size of six inches in height by ten inches in width by sixteen inches in length. A picture of the 8600 series unit is shown below.
The merchandise under consideration is referred to as an automatic bag loader machine and Rotary Vacuum Chamber Machine which is identified as the 8800E series. It is made with stainless steel components and fasteners. The clearly defined function of this functional unit is to seal meat products into Cryovac® taped bags. Together, the machines automatically load the meat into a taped bag, and place it onto the rotary chamber platen where the bag is then vacuumized and sealed. This unit can handle speeds up to fifteen cycles per minute, and can handle bag widths up to fourteen inches. A picture of the 8800E unit is shown below.
The merchandise under consideration is referred to as the BetaVac belted single chamber vacuum packaging machine and is identified as model MK2 502. It is made with stainless steel components and fasteners. The forty pound cheese blocks are placed in gusseted bags and manually placed onto a conveyor for sealing. The clearly defined function of this functional unit is to vacuum seal gusseted bags containing the cheese. This unit speeds from two-three cycles per minute with three-five gusseted bags per cycle. A picture of the MK2 502 unit is shown below.
The merchandise under consideration is referred to as a form fill sealing machine and is identified as model 2052. It is made with stainless steel components and fasteners. The clearly defined function of this functional unit is to fill and seal pouches with liquids such as pastes, soups, condiments and sauces. There is a touch screen control panel that allows operators to oversee unit functions and make necessary adjustments. This machine can package hot or cold products at speeds up to two-hundred and forty packages per minute, and fills pouches from three to eighty ounces. A picture of the 2052 unit is shown below.
The item under consideration has been identified as a Cheese Bag Loader (Model CL20). The CL20 is fully automatic bag loader for loading large cheese blocks from forming towers into gusseted pouches. The loader automates the manual process by picking up the pouch and pushing the block of cheese into the automated loader. In your request you provided your web address where the machine could be seen in operation (http://www.cryovac.com/na/en/food-packaging-equipment/bag-loader-cheese-block.aspx). You state that the machine can function alone, or in tandem with the RG20 Re-Gusset machine that folds and prepares the bag for vacuuming. In addition you state that the machine may be sold separately as a standalone unit, or with the RG20.
In your request you suggest classification of the CL20 in 8422.30.9170 of the Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Machinery for filling…bags…: Other: Other: Machinery for filing…: Machines that perform only the following operations:…sealing or closing: Other”. This item is performing a loading, not a filling function, and is therefore specifically provided for eo nominee in heading 8428.
Classification of goods in the HTSUS is governed by the General Rules of Interpretation (GRIs). GRI 1. states “ ... classification shall be determined according to the terms of the headings ... .”
General Note 3. (h) (vi) to the HTSUS states “ ... a reference to “headings” encompasses subheadings indented thereunder.” Subheading 8428.90 of the HTSUS provides for “Other…handling, loading…machinery…: Other machinery…”.
The Explanatory Notes (ENs) to the Harmonized Commodity Description and Coding System, which represent the official interpretation of the tariff at the international level, facilitate classification under the HTSUS by offering guidance in understanding the scope of the headings and the GRIs. The ENs to 84.28 states:
“…this heading covers a wide range of machinery for the mechanical handling of material, goods, etc….They remain here even if specialized for a particular industry…”
A picture of the CL20 Cheese Bag Loaders is shown below.
The applicable subheading for the Rotary Vacuum Chamber Machine will be 8422.30.9191, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Machinery for filling, closing, sealing, capsuling or labeling boxes, bags or similar containers: Other.” The rate of duty will be Free.
The applicable subheading for the Automatic Bag Loading Machine will be 8422.30.9191, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Machinery for filling, closing, sealing, capsuling or labeling boxes, bags or similar containers: Other.” The rate of duty will be Free.
The applicable subheading for the Chamber Vacuum Packaging Machine will be 8422.30.9191, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Machinery for filling, closing, sealing, capsuling or labeling boxes, bags or similar containers: Other.” The rate of duty will be Free.
The applicable subheading for the Form Fill Sealing Machine will be 8422.30.9185, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Machinery for filling, closing, sealing, capsuling or labeling boxes, bags or similar containers: Other.” The rate of duty will be Free.
The applicable classification subheading for the Cheese Bag Loader (Model CL20) will be 8428.90.0190, HTSUS, which provides for “Other…handling, loading…machinery…: Other machinery: 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