CLA-2-84:RR:NC:1:103 F89429
Mr. David Bower
Custom Briquetting Systems
PO Box 719
Hillsboro, TX 76645
RE: The tariff classification of metal briquetting presses and associated equipment from Italy
Dear Mr. Bower:
In your letter dated July 11, 2000 you requested a tariff classification ruling.
Your firm intends to import several models of briquetting machines. These machines compress metal chips, shavings, grinding dust, and spiral turnings, produced during metal working operations, under extreme pressure to form a metal briquette approximately 3.5 inches in diameter and 3-5 inches in height. The briquetting press reduces the volume of space occupied by the waste material, while also increasing its value to scrap dealers. In addition, briquetting squeezes out and captures any lubricating fluid used during the machining operation so that the fluid can be recycled or disposed of in an environmentally safe manner. Finally, certain metals which are flammable or explosive, such as magnesium and zirconium, can be stored or transported safely after the briquetting operation. The various machine models are between 5 and 8 feet in height, and weigh 3000 – 6000 pounds.
You have suggested these briquetting presses may be classifiable in subheading 8479.81.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for machines and mechanical appliances having individual functions, not specified or included elsewhere (in chapter 84): other machines and mechanical appliances: for treating metal, including electric wire coil-winders. These machines do not treat the metal chips, shavings, etc., but simply agglomerate them. Thus the briquetting machines cannot be classified in subheading 8479.81.0000, HTS.
The applicable subheading for the metal briquetting presses will be 8479.89.9797, HTS, which provides for machines and mechanical appliances having individual functions, not specified or included elsewhere (in chapter 84): other machines and mechanical appliances: other: other: other: other. The duty rate will be 2.5 percent ad valorem.
You also inquired about certain peripheral equipment needed for the operation of the briquetting presses, such as hoppers, hoppers with attached belt conveyors, discharge conveyors, and shredders. The hoppers and hopper-conveyors are used to store and feed the metal waste to the briquetting press, while the discharge conveyors transport the formed briquettes from the press. The shredders chop up spiral turnings and nested metal clumps into chips small enough to feed into the briquetting press.
The applicable heading for the mechanical hoppers and shredders will again be subheading 8479.89.9797, HTS, dutiable at the rate of 2.5 percent ad valorem. The applicable subheading for the conveyors will be 8428.33.0000, HTS, which provides for other lifting, handling, loading or unloading machinery: other continuous-action elevators and conveyors, for goods or materials: other, belt type. The duty rate will be free.
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 Alan Horowitz at 212-637-7027.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division