CLA-2-84:OT:RR:NC:N1:104
Patricia J. Golembieski
Senior Manager, Trade Compliance
O&M Halyard, Inc.
5405 Windward Parkway
Alpharetta, GA 30004
RE: The tariff classification of a meltblown machine from Germany and Italy.
Dear Ms. Golembieski:
In your letter dated August 26, 2020, you requested a tariff classification ruling.
The item under consideration is identified as the LX5 Meltblown machine. This machine is dedicated to the manufacture of nonwoven fabric by converting polypropylene pellets and any additives into a meltblown nonwoven fabric. There are several process steps to complete the final nonwoven fabric rolls. (1) The first step is to meter the pellets into a blender to supply the correct recipe to the extruder. (2) The blend then goes through the extruder where it is melted and mixed. (3) The polymer melt is metered into a die assembly with a row of fine holes or capillaries where the melt stream is converted into fibers. The fiber stream is then hit by a high velocity jet of air, which draws the fibers down to very fine filaments. (4) Once the fibers are drawn down to very fine filaments, they are captured across the forming wire to form a web creating the nonwoven fabric. (5) The next step is to pass the fabric through a high voltage electric field in a piece of equipment called an electret treater. Lastly, (6) the fabric is passed to the slitter/winder area, which cuts the fabric to the desired widths and winds it on rolls.
You indicate that the meltblown machine is a multistoried machine. Sections of the machine are either bolted to a structural steel frame or the concrete floor and its total size is approximately 80’ x 120’ x 125’. A central control system manages the operations simultaneously to produce the nonwoven fabric.
Note 4 to Section XVI which includes Chapter 84 states the following:
Where a machine (including a combination of machines) consists of individual components (whether separate or interconnected by piping, by transmission devices, by electric cables or by other devices) intended to contribute together to a clearly defined function covered by one of the headings in chapter 84 or chapter 85, then the whole falls to be classified in the heading appropriate to that function.
By application of Section XVI, Note 4, the applicable subheading for the LX5 Meltblown machine line will be 8449.00.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Machinery for the manufacture of felt or nonwovens in the piece or in shapes, including machinery for making felt hats; blocks for making hats; parts thereof: Other”. The rate of duty will be free.
You state in your ruling request that the meltblown machine will be imported in 38 shipping containers. Regulations covering a single entry/multiple shipments scenario are found in 141.58, Customs Regulations (“CR”). Specifically, this provision includes application procedures and the time limits for the arrival dates. In particular, please note 148.58(i): “When separate entry and entry summary required” which states:
When all portions of an entity do not arrive at the port of entry within the time constraints of paragraphs (b)(4)(i) and (ii) of this section, as applicable, a separate entry and entry summary must be filed for each portion that has already arrived, and for each portion that subsequently will arrive on separate conveyances. The merchandise included on each separate entry shall be classified in its condition as imported. Each entry would reflect the quantities, values, classification and rates of duty, as appropriate, of the various components conveyed in each shipment, and not the value or classification of the ordered single entity.
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 the World Wide Web at https://hts.usitc.gov/current.
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 Hopkins at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division