NY 862904: The tariff classification of a Tie-Line System from Norway

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                           
                                   NY 862904

                                 May 22, 1991


CLA-2-84:S:N:N1:103 862904  

CATEGORY:  Classification

TARIFF NO.: 8428.90.0090; 8428.33.0000; 8428.39.0000; 8471.92.65 


Mr. Ron Whitehead
Media Craft A/S
P.O. Box 451
3601 Kongsberg, Norway

RE:  The tariff classification of a Tie-Line System from Norway

Dear Mr. Whitehead:

     In an undated letter received by this office on May 1, 1991
you requested a tariff classification ruling.         

     The Tie-Line handling system is intended to automate the
wholesale distribution of magazines by preparing magazine bundles
for subsequent packing.  It utilizes various interchangeable
modules and customized software so that each system can be
tailored to the exact requirements of a purchaser.

     The system basically consists of a conveyor along which are
arrayed manual or automatic order picking and statement printing
equipment.  The Tie-Line bundle conveyor consists of a
continuously moving belt designed to transport magazine bundle
carriers.  A microprocessor, actuated by electric sensors and
foot pedals, controls the sequence and movement of the bundles. 
The bundle carriers are specially designed to hold the proper
number of each magazine title.  They have an aluminum base and
utilize plastic rods to prevent the magazines from spilling off. 
Each carrier is addressed with the name of a magazine retailer
and a package number, allowing it to be identified by all
stations along the conveyor line.

     Any combination of manual or automatic order pickers can be
arrayed alongside the bundle conveyor.  Automatic order filling
is performed by the MC100 counting and stacking machine. 
Incoming stacks of a particular magazine are placed on an
inclined roller table for feeding into the MC100.  Information
such as the magazine's title, dimensions, and thickness is fed to
the machine from the system computer terminal.  The machine then
picks the correct number of copies of the magazine and places
them onto the correct retailer bundle carrier.  Manual picking
stations consist of 5 or 10 inclined roller conveyors within a
rigid frame.  They incorporate electric visual displays which
indicate to the worker the quantity and title of the magazine to
be picked, as well as the customer and package number.  They also
incorporate foot pedals which stop the bundle carriers so that
the worker can place the order onto the carrier.  

     The Printronix package slip printer is used to print out a
packing slip or shipping invoice for a particular retailer's
order.  The printer has the capability to print graphic images,
such as bar codes or other symbols, based on data received from
the control system.  After the packing slip or invoice is printed
and placed onto the bundle, the bundle is removed from the
carrier and transported to a separate strapping machine while the
empty carriers return to the initial picking site so that the
cycle can begin again.

     The entire system is operated and controlled by means of
software which is designed for use with an IBM compatible
personal computer.  The software accepts new customer data,
selects the route and order of picking, supervises the picking
process, and controls the printing of invoices and data lists. 
Data communications and descriptions are customized for each
client's system.
 
     The applicable subheading for the Tie Line system, imported
in a single shipment, will be 8428.90.0090, Harmonized Tariff
Schedule of the United States (HTS), which provides for other
lifting, handling, loading or unloading machinery: other
machinery: other.  The rate of duty will be 2 percent ad valorem.

     The applicable subheadings for the various modules, imported
separately,  are as follows:  

     For the Tie Line bundle conveyor and its accompanying bundle
carriers classification will be in 8428.33.0000, HTS, which
provides for belt type continuous-action conveyors; 

     For the manual picking roller tables classification will be
in 8428.39.0000, HTS, which provides for other continuous-action
conveyors; and For the MC100 counting and stacking machine
classification will be in 8428.90.0090, HTS, which provides for
other lifting, handling, loading or unloading machinery.  The
rate of duty for all of these provisions is 2 percent ad valorem. 

     The Printronix printer, imported separately, will be
classifiable in the provision for automatic data processing
machines and units thereof: input or output units: printer units
in subheading 8471.92.65, HTS, and dutiable at the rate of 3.7
percent ad valorem.

     Your inquiry does not provide enough information for us to
provide a classification ruling on the software.  Software,
whether imported separately or together with the Tie Line system,
is classifiable in heading 8524, which encompasses tapes and
other recorded media.  Lacking information as to the type and
size of the media on which the software will be recorded, we are
unable to provide you with a definite tariff classification
number for this merchandise.      

     This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).

     A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported.  If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.


                                   Sincerely,

                                   
  
                                   Jean F. Maguire
                                   Area Director
                                   New York Seaport