CLA-2-84:OT:RR:NC:N1:106
Wendy George, Office Manager
Phoenix International Freight Services, Ltd.
257 Treeland Drive, Suite H
Ladson, SC 29456-3081
RE: The tariff classification of a food portioning machine from The Netherlands
Dear Ms. George,
In your letter dated April 15, 2013, you requested a tariff classification ruling on behalf of Marel Meat Processing, Inc. of Des Moines, Iowa.
The item being considered has been identified as the RevoPortioner. You state in your request that this machine forms perfectly portioned products at low pressure which retains the texture and structure of the raw material, including red and white meat, fish, non-meat and potato products.
Product mass is transported at low pressure to the RevoPortioner portioning unit by a meat pump. The portioning unit portions the product mass while the drum determines product contours and dimensions. From the pumping unit the product mass is pressed at low pressure into the distributor housing (# 1) in labeled diagram below. The distributor housing ensures equal distribution of the product mass over the width of the drum. A continuously rotating portioning drum (# 2) can be found at the end of the distributor housing. This drum is made from sintered stainless steel, through which air can permeate. As they pass the distributor housing opening, portions are filled by row with the product mass. A pressure sensor (# 3) measures the filling pressure and controls the meat pump to maintain the filling pressure at a constant level. The pressurized side plate (# 4) keeps the filled form under pressure ensuring consistent product shape. At the blow-off position (# 5) portioned products are blown from the portioning drum using air pressure. After they have been blown off, portioned products move on a discharge belt to the next process step.
The applicable classification subheading for the RevoPortioner will be 8438.50.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Machinery, not specified or included elsewhere in this chapter, for the industrial preparation or manufacture of food … : Machinery for the preparation of meat or poultry: Other”. The rate of duty will be 2.8%.
Duty rates are provided for your convenience and are subject to change. The text of the most recent Harmonized Tariff Schedule of the United States and the accompanying duty rates are provided on the 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 this ruling, please contact the National Import Specialist at 646-733-3013.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division