CLA-2-84:RR:NC:1:104 D84150

Ms. Jennifer Regan
Trade Systems International
148 York St., Suite 308
London, Ont., N6A 1A9
Canada

RE: The tariff classification of a spin welder from Canada

Dear Ms. Regan:

In your letter dated October 21, 1998 on behalf of Big 'O' Inc. of Canada you requested a tariff classification ruling.

The 416 Spin Welder will be used in the production of thermoplastic pipe. The machine welds a thermoplastic bell fitting to corrugated thermoplastic pipe. The welder is positioned after a cut-off saw. A high-speed conveyor advances the pipe, after cutting, into the welding position. The welder clamps the pipe and begins the welding cycle. As part of the welding cycle, a half corrugation is trimmed from the end of the pipe to allow the weld to be made against the inside wall of the corrugation. The sidewall can be sandwiched between a backing ring and the spinning bell. This provides a clean, smooth welding surface, thus eliminating any further pipe preparation. The pipe is then welded, cooled and unloaded. The welding process uses frictional heat generated between the revolving bell part and the stationary pipe sidewall.

The applicable tariff provision for the 416 Spin Welder will be 8468.80.5000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for Machinery and apparatus for soldering, brazing or welding, whether or not capable of cutting, other than those of heading 8515; gas-operated surface tempering machines and appliances; parts thereof: Other machinery and apparatus: Other. The general rate of duty will be Free.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 Robert Losche at 212-466-5670.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division