Soldering and Welding Machines and Apparatus

Published CBP guidance; operative status and applicability must be assessed from the retained publisher edition.

What Every Member of the
Trade Community Should Know About:
Soldering and
Welding Machines
and Apparatus

AN INFORMED COMPLIANCE PUBLICATION
AUGUST 2008

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Soldering and Welding Machines and Apparatus
August 2008

NOTICE:
This publication is intended to provide guidance and information to the trade community.
It reflects the position on or interpretation of the applicable laws or regulations by U.S.
Customs and Border Protection (CBP) as of the date of publication, which is shown on
the front cover. It does not in any way replace or supersede those laws or regulations.
Only the latest official version of the laws or regulations is authoritative.

Publication History

First Published: January 2000
Revised April 2001
Revised March 2004
Reviewed with No Changes May 2005
Reviewed with No Changes March 2006
Revised August 2008

PRINTING NOTE:
This publication was designed for electronic distribution via the CBP website
(http://www.cbp.gov/) and is being distributed in a variety of formats. It was originally set
up in Microsoft Word97
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. Pagination and margins in downloaded versions may vary
depending upon which word processor or printer you use. If you wish to maintain the
original settings, you may wish to download the .pdf version, which can then be printed
using the freely available Adobe Acrobat Reader
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Soldering and Welding Machines and Apparatus
August 2008

PREFACE

On December 8, 1993, Title VI of the North American Free Trade Agreement Implementation
Act (Pub. L. 103-182, 107 Stat. 2057), also known as the Customs Modernization or “Mod” Act,
became effective. These provisions amended many sections of the Tariff Act of 1930 and
related laws.

Two new concepts that emerge from the Mod Act are “informed compliance” and “shared
responsibility,” which are premised on the idea that in order to maximize voluntary compliance
with laws and regulations of U.S. Customs and Border Protection, the trade community needs to
be clearly and completely informed of its legal obligations. Accordingly, the Mod Act imposes a
greater obligation on CBP to provide the public with improved information concerning the trade
community's rights and responsibilities under customs regulations and related laws. In addition,
both the trade and U.S. Customs and Border Protection share responsibility for carrying out
these requirements. For example, under Section 484 of the Tariff Act, as amended (19 U.S.C.
1484), the importer of record is responsible for using reasonable care to enter, classify and
determine the value of imported merchandise and to provide any other information necessary to
enable U.S. Customs and Border Protection to properly assess duties, collect accurate
statistics, and determine whether other applicable legal requirements, if any, have been met.
CBP is then responsible for fixing the final classification and value of the merchandise. An
importer of record’s failure to exercise reasonable care could delay release of the merchandise
and, in some cases, could result in the imposition of penalties.

Regulations and Rulings (RR) of the Office of International Trade has been given a major role in
meeting the informed compliance responsibilities of U.S. Customs and Border Protection. In
order to provide information to the public, CBP has issued a series of informed compliance
publications on new or revised requirements, regulations or procedures, and a variety of
classification and valuation issues.

This publication, prepared by the National Commodity Specialist Division of Regulations and
Rulings is entitled “Soldering and Welding Machines and Apparatus”. It provides guidance
regarding the classification of these items. We sincerely hope that this material, together with
seminars and increased access to rulings of U.S. Customs and Border Protection, will help the
trade community to improve voluntary compliance with customs laws and to understand the
relevant administrative processes.

The material in this publication is provided for general information purposes only. Because
many complicated factors can be involved in customs issues, an importer may wish to obtain a
ruling under Regulations of U.S. Customs and Border Protection, 19 C.F.R. Part 177, or to
obtain advice from an expert who specializes in customs matters, for example, a licensed
customs broker, attorney or consultant.

Comments and suggestions are welcomed and should be addressed to the Executive Director,
Regulations and Rulings, Office of International Trade, U.S. Customs and Border Protection,
1300 Pennsylvania Avenue, NW, (Mint Annex), Washington, D.C. 20229.

Sandra L. Bell
Executive Director, Regulations and Rulings
Office of International Trade

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INTRODUCTION.......................................................................................... 7
SECTION AND CHAPTER NOTES............................................................. 8
........................................................................................................ 8 Section XVI Notes
............................................................................................................................. 9 Parts
............................................................................................................. 11 Spare Parts
.................................................................................................................. 11 Invoicing
................................................................... 11 Composite and Multifunction Machines
....................................................................................................... 12 Functional Units
............................................................................................................ 14 Chapter Notes
............................................................................................................. 14 The Headings
.......................................................................................................... 15 Heading 8468
.......................................................................................................... 18 Heading 8515
..................................................................................................................... 27 Parts
.......................................................... 28 Articles Excluded or Misclassified as Parts
MACHINES AND APPARATUS OFTEN MISCLASSIFIED UNDER
HEADING 8468 OR HEADING 8515
......................................................... 28
ADDITIONAL INFORMATION................................................................... 30
................................................................................................................ 30 The Internet
................................................................................................. 30 Customs Regulations
........................................................................................................ 30 Customs Bulletin
................................................................................. 31 Importing into the United States
............................................................................. 31 Informed Compliance Publications
...................................................................................................... 32 Value Publications
................................................................................. 33 “Your Comments are Important”

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INTRODUCTION

Imports of SOLDERING, BRAZING and WELDING machines and apparatus and
parts thereof under headings 8468 and 8515 have been under close scrutiny in
recent years. Many classification errors have been found during the course of this
review. The purpose of this publication is to provide classification guidance to
eliminate these errors in the future.

How does the industry define soldering, brazing and welding?

The Welding Handbook, Eighth Edition, published by the American Welding
Society (AWS), provides the following definitions:

Soldering is defined as a group of joining processes that produce coalescence
of materials by heating them to the soldering temperature and by using a filler metal
(solder) having a liquidus not exceeding 840 degrees F (450 degrees C) and below the
solidus of the base metals. The solder is distributed between closely fitted faying
surfaces of the joint by capillary action. (A faying surface is that mating surface of a
member that is in contact with or in close proximity to another member to which it is to
be joined.)

Brazing joins materials by heating them in the presence of a filler metal having a
liquidus above 840 degrees F (450 degrees C) but below the solidus of the base metals.

Welding is a joining process that produces coalescence of materials by heating
to welding temperature with or without application of pressure or by application of
pressure alone and with or without the use of filler metal.

In addition to these general definitions, the definitions of specific processes (e.g.,
flux cored arc welding), appearing further on in this publication are all taken from the
Welding Handbook and the ASW publication A3.0-94, Standard Welding Terms and
Definitions.

Soldering, brazing and welding machinery and apparatus are provided for in the
Harmonized Tariff Schedule of the United States (HTSUS) under headings 8468 and
8515. Both headings include such machinery and apparatus whether or not capable
of cutting; however, both exclude equipment designed exclusively for cutting.
Neither heading includes accessories. The most basic distinction between the
headings is that heading 8468 covers non-electrical equipment while heading 8515
covers electrical equipment.

There is a significant change from the classification of this equipment under the
previous tariff, the Tariff Schedules of the United States Annotated (TSUSA). Under the
TSUSA, welding, etc. was limited to metals. Under the HTSUS, there is no such

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limitation under either heading 8468 or heading 8515. The Explanatory Notes (ENs) to
both headings describe thermoplastic welding apparatus.

CLASSIFICATION TOOLS

Harmonized Tariff Schedule of the United States (HTSUS) – For legal
purposes, soldering and welding machines and apparatus, as with all imported
merchandise, are to be classified in accordance with the terms of the headings of the
HTSUS, any relative section and chapter notes and, provided such headings or notes
do not otherwise require, in accordance with the General Rules of Interpretation (GRIs)
taken in order.

Harmonized Commodity Description and Coding System Explanatory Notes
(ENs or Explanatory Notes)
1
– These notes are the official interpretation of the
Harmonized System (HS) at the international level. The ENs are not dispositive nor are
they legally binding. However, they do provide commentary on the scope of each
heading of the Harmonized System. [See T.D. 89-80, published in the Federal Register
on August 23, 1989 (54 Fed. Reg. 35127, 35128).]

SECTION AND CHAPTER NOTES

Before proceeding to discuss these headings, it is necessary to examine the
relevant section and chapter notes and to read the General Rules of Interpretation
(GRIs) and the Additional U.S. Rules of Interpretation. GRI 1 provides that for legal
purposes, classification shall be determined according to the terms of the headings (in
this case, heading 8468 and heading 8515) and any relative section or chapter notes.
In the event that the goods cannot be classified solely on the basis of GRI 1, and if the
headings and legal notes do not otherwise require, the remaining GRIs 2 through 6 may
then be applied in order. Both headings are found in section XVI, which includes,
among other things, machinery, mechanical equipment, and electrical equipment.
Notes 1(a) through (q) of section XVI describe items not covered by the section. These
items cannot be classified under chapter 84 (which includes the non-electrical soldering,
brazing and welding equipment) or under chapter 85 (which covers the electrical
equipment).

Section XVI Notes

Although all the notes should be read, for the purposes of this publication,
comments will be made only on those notes most likely to affect the classification of
soldering, brazing and welding apparatus. For example, note 1(b) will not be discussed
because it excludes articles of leather. (If there are any parts for welding machines
made of leather, we are unaware of them.) Notes that are more relevant include:

1
The World Customs Organization (formerly the Customs Co-Operation Council) published the Fourth Edition (current) of the Harmonized
Commodity Description and Coding System
Explanatory Notes in 2007.

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Note 1(a) excludes transmission, conveyor or elevator belts or belting, of plastics
of chapter 39, or of vulcanized rubber (heading 4010); or other articles of a kind used in
machinery or mechanical or electrical appliances or for other technical uses, of
vulcanized rubber other than hard rubber (heading 4016).

Note 1(c) excludes bobbins, spools, cops, cones, cores, reels or similar supports,
of any material (for example, chapter 39, 40, 44 or 48 or section XV). Reels for welding
wire have been erroneously entered as parts of welding machines and apparatus.

Note 1(e) excludes transmission or conveyor belts of textile material (heading
5910) or other article of textile material for technical uses (heading 5911).

Note 1(g) excludes parts of general use, as defined in note 2 to section XV, of
base metal (section XV), or similar goods of plastics (chapter 39). This note refers to
items such as nuts, bolts, screws, springs, tube or pipe fittings, chains, etc.

Note 1(k) excludes articles of chapter 82 or 83. For example, self-contained blow
torches of subheading 8205.60 and coated electrodes of base metal, for electric arc-
welding of heading 8311 are excluded.

Note 1(m) excludes articles of chapter 90. Items such as measuring instruments
(found in various headings in chapter 90, depending on the type) and separately
imported lasers (subheading 9013.20) would be excluded.

Parts

The rules for classifying parts are provided for in section XVI, note 2, subject, of
course, to the exclusions already mentioned in section XVI, note 1.

Note 2(a) indicates that parts which are goods included in any of the headings of
chapter 84 or chapter 85 are in all cases to be classified in their respective headings.
The ENs to Section XVI provide numerous examples of such parts and state that the
classification applies even if the part is specially designed to work as part of a specific
machine. Examples include:

pumps - heading 8413
lifting and handling machinery - heading 8428
valves - heading 8481
bearings - heading 8482
gearboxes - heading 8483
electric motors - heading 8501
welding generators - heading 8502
welding transformers - heading 8504
welding control panels - heading 8537
welding cables - heading 8544

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Note also that a part of one of the above items which is, in turn, part of a welder
will be classified as a part of that item, not as a part of the welder. For example, a part
of a motor for a welding machine would be classified as a part of the motor, not as a
part of the welder, subject of course to any section or chapter notes or heading
requirements for motors and parts thereof.

Note 2(b) states essentially that other parts, if suitable for use solely or principally
with a particular kind of machine, or with a number of machines of the same heading,
are to be classified with the machines of that kind. This means that a part of a welder,
for example, that is not excluded by note 1 (such as a laser) or note 2(a) (such as a
power supply) would be classified under subheading 8468.90 if part of a non-electric
welder or under subheading 8515.90 if part of an electric welder.

As you can see, the note refers to other “parts” and not to “accessories.” The
individual headings themselves, heading 8468 and heading 8515, do not include
accessories. (Some headings in chapter 84, however, do include accessories. For
example, heading 8466 provides for parts and accessories suitable for use solely or
principally with machine tools.) The distinction between “parts” and “accessories” can
be difficult. Some items, such as electrode holders, which are described as parts in the
ENs to heading 8515, are often described in welding catalogs as accessories.

An item is more likely to be classified as other parts under note 2(b) if it is
essential to the operation of the machine or apparatus it is used with. Other factors to
be considered include dedication to use with a particular individual machine or type of
machine or apparatus (i.e., is the item solely or principally used with the machine?).
Can the item be used with any other type of machinery? Does the item participate in
the operation of the machine? Or is it merely used offline?

The “essential” factor can be subject to interpretation. For example, many
welding processes involve feeding in wire. Is the wire feeder essential? Theoretically,
someone could stand by and manually feed wire into the weld pool. As a practical
matter, the wire feeder is often essential to the efficient operation of the machine. For
this reason, it is classified as a “part”. The electrode holder obviously participates in the
process as it holds the electrode during the welding operation.

Many welding processes require the use of jigs and fixtures. The function of a
fixture is to facilitate assembly of parts and to hold the parts in a fixed relationship
during the weld. (In engineering, the terms jig and fixture have essentially the same
meaning.)

Items not essential or dedicated to the machine or apparatus are not likely to be
classified as parts. A stand to hold the soldering iron when not in use is not essential to
the soldering process. It does not hold the iron when in use. A solder tip cleaner, a
device used to remove debris from the soldering tip, likewise does not participate in the
soldering operation. These items are accessories.

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In general, consumables are not classified as parts. Such items include but are
not limited to consumable electrodes, welding wire, solder paste, gas for gas welding
processes, etc.

If classification as “parts” is claimed, the importer may be asked to provide
literature on the welding machine or apparatus that the item is said to be a part of and
indicate where the part is, what its function is, etc.

At the end of this publication, a list of items related to welding is provided,
indicating which items are parts and which are classified elsewhere.

Spare Parts

What about spare parts? Example: A foreign manufacturer ships a welding
machine with a few extra bearings, gears, valves, switches, etc. because these items
require replacement more frequently than other components.

Spare parts cannot be classified with the machine. They must be separately
classified in accordance with the relevant section or chapter notes.

Invoicing

Example: The invoice from the manufacturer lists the basic machine followed by
the specific options ordered as follows:

plasma arc welder model A
DC power source model B
control console model C

Are the power source and control separately classified? The invoice may or may not
have unit values for each item listed.

As long as the invoiced items constitute one machine, they are classified under
the appropriate heading for that machine. If it is not apparent from the invoice that it is a
single machine (or more than one complete machine), CBP may question classification
under a single tariff provision. It would be helpful if the invoice would state, for example,
“plasma arc welder, including model B power source ... .” etc.

Composite and Multifunction Machines

Section XVI, note 3 deals with composite machines, which are defined as two or
more machines fitted together to form a whole and other machines adapted to perform
two or more complementary or alternative functions. Classification is to be determined
as if consisting only of that component or as being that machine which performs the
principal function.

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The ENs to Section XVI indicate that a machine is taken to be “fitted together to
form a whole” when incorporated one in the other or mounted one on the other, or
mounted on a common base or frame or in a common housing.

A combination welding and cutting machine mounted on a common base, for
example, would be classified as a welding machine if welding is the principal function. If
that composite welding/cutting machine, which normally would incorporate a control
unit, were to be imported without the control, it would still be classified as a welding
machine because GRI (General Rule of Interpretation) 2(a) indicates that any reference
in a heading to an article shall be taken to include a reference to that article incomplete
or unfinished, provided that, as entered, the incomplete or unfinished article has the
essential character of the complete or finished article.

Functional Units

Section XVI, note 4 deals with the functional unit concept. Where a machine
(including a combination of machines) consists of individual components (whether
separate or interconnected by piping, cables, etc.) 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.

A common example of the functional unit in the welding industry is the robot with
welding attachment connected to a control panel by electrical cables. The welding
attachment, also known as “end of arm tooling”, may be a resistance welding package
for spot welding or an arc welding package. The robot manipulates the welding torch as
directed by the controller. In most instances, the robot and control unit is imported
without this end of arm tooling. Headquarters (HQ) ruling 965638, dated July 16, 2002,
addresses the classification of welding and material handling robots imported without
welding guns, grippers or other end-of-arm tooling.

In HQ 965638, the robot systems at issue consisted of an articulated arm or
manipulator on a base, a controller and a programming or teaching pendant. Prior to
importation, each robot is “configured,” that is, a program of instructions to implement
the robot’s intended end use (welding, material handling, etc.) is burned onto a chip that
becomes part of the controller, which is stand-alone and connected to the manipulator
by electrical wiring or cables. The programming pendant is hand-held and attached by
cable to the controller. It functions as an input device that sends operating instructions
in the form of signals which the controller interprets and uses to instruct the manipulator.

The ruling determined that under the authority of GRI 2(a) and Section XVI, Note
4, HTSUS, an articulated arm or manipulator imported with its configured process
controller and programming pendant, constitutes a functional unit provided for in
heading 8515 or heading 8428 (depending on how it’s configured) even when imported
without the end-of-arm tooling. The end-of-arm tooling represents a rather small
percentage of the total value of the completed robot. The fact that the robot is

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permanently configured for a particular application by a chip installed in the controller is
sufficient to establish the essential character of the goods.

Another example of a functional unit is a welded tube forming line. Although not
classified as welding machinery and apparatus, it does include welding equipment,
which would be classified under heading 8515 if separately imported. In such a line,
usually referred to as a welded tube mill, we have handling devices, machine tools and
welding equipment contributing to the production of a welded tube. Welded tube mills
have often been mistakenly entered as rolling mills of heading 8455.

A welded tube mill essentially takes coiled metal strip, passes it through a series
of bending rolls which gradually form it into a cylindrical tube, welds the seam to close
the tube, sizes the welded tube, and cuts it off to the desired length. HQ rulings
965198, dated May 1, 2002, 229216, dated May 21, 2002, and 965296, dated July 9,
2002, classified these welded tube mills as functional units under subheading 8462.29
(or 8462.21 if numerically-controlled) as machine tools for bending metal. By
application of note 4 to Section XVI, it was concluded that the function of the welded
tube mill is essentially a metal forming operation which involves a bending of the metal
to impart a cylindrical curve to the metal sheet to form a tube.

Machinery lines of this type are often imported in a number of shipments due to
size considerations. Prior to July 3, 2006, the functional unit concept could not be
applied if there was more than one shipment involved. Historically, for classification
purposes, each shipment stands on its own. In HQ ruling 958807 of April 30, 1996, it is
stated that “It is well settled that merchandise must be classified and assessed duty in
condition as imported. Components of a machine that arrive within the customs territory
on different days cannot be aggregated for classification and appraisement purposes
under a single HTSUS provision.”

Effective July 3, 2006, new regulations were implemented allowing an importer of
record, under certain conditions, to submit a single entry to cover multiple portions of a
single entity which, due to its size or nature, arrives in the United States on separate
conveyances. 19 C.F.R. Section 141.58 sets forth, in detail, the requirements to be met
in order for the shipments to qualify under the “single entry” concept. See also Section
1460 of Public Law 106-476 a/k/a “Tariff Suspension and Trade Act of 2000”; 19 U.S.C
1484(i)(1); Customs Bulletin and Decisions, Vol. 40, No. 25, June 14, 2006, Pages 1-18;
Federal Register, Vol. 71, No. 106, June 2, 2006, Pages 31921-31927.

A wire mesh making machine was classified under subheading 8515.21 in New
York (NY) ruling B82366, dated March 3, 1997. Another example of a functional unit, it
consisted essentially of an uncoiler, straightener, shear, positioner, welder, stacker and
output conveyor.

Generally, any welding machine imported with a handling (loading, unloading,
etc.) machine would be classified together as a functional unit under heading 8468 or
heading 8515. The handling function of heading 8428 is always subsidiary.

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Chapter Notes

In addition to these section notes, we have the notes for the chapters within
section XVI.

For example, Chapter 84, note 1(b) excludes ceramic articles. A ceramic part of
a non-electric welder of heading 8468 must be classified under chapter 69. However, a
ceramic part for an electric welder of heading 8515 (such as a ceramic nozzle) would be
classified in subheading 8515.90 because chapter 85 does not have a note excluding
ceramic articles.

Chapter 84, note 2 states that “Subject to the operation of Note 3 to Section XVI
and subject to Note 9 to this chapter, a machine or appliance which answers to a
description in one or more of the headings 8401 to 8424, or heading 8486 and at the
same time to a description in one or more of the headings 8425 to 8480 is to be
classified under the appropriate heading of the former group or under heading 8486, as
the case may be, and not the latter group.”

Heading 8515, in addition to soldering, brazing or welding machines, includes
“electric machines and apparatus for hot spraying of metals or cermets.” Heading 8468
does not include such “spraying” apparatus because of chapter 84, note 2. Heading
8424 includes mechanical appliances for projecting, dispersing or spraying liquids or
powders. The ENs to heading 8424 mention that metal spraying pistols are covered
under that heading, which provides for spray guns and similar appliances (subheading
8424.20.90). Chapter 84, note 2, as indicated above, would require classification under
heading 8424 because heading 8424 is in the former group of headings.

Note 2 begins “[s]ubject to Note 3 to Section XVI,” which deals with composite or
multifunction machines. If a machine of this type performed the non-electric hot
spraying function of heading 8424 and, for example, oxyfuel welding of heading 8468,
the principal function would have to be determined before applying chapter 84, note 2.
If welding were the principal function, the spraying function would not be considered.

The Headings

Now that we have reviewed the legal notes and understand them fully, the
classification of the machines may appear to be simple. Heading 8468 covers non-
electrical equipment and heading 8515 covers electrical equipment. However, the
invoice descriptions are often inadequate and industry terms can be less than
illuminating, at least for tariff purposes. Classification at the subheading level involves a
more thorough analysis.

Example: The invoice submitted to Customs and Border Protection(CBP) reads
“Stud Welder.” Stud welding is a general term for joining a metal stud or similar part to

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a workpiece. It can be done by arc welding (subheading 8515.31), resistance welding
(subheading 8515.21), friction welding (subheading 8468.80), etc.

Example: The invoice submitted to CBP reads “Spot Welder.” While most spot
welders are resistance welders (subheading 8515.21), the function can also be
performed by arc welding (subheading 8515.31) or other methods.

First let us address heading 8468. In the course of reviewing entries under the
Multi-port Approach to Raise Compliance (MARC 2000) program, it was discovered that
MOST of the equipment entered under heading 8468 actually belonged in heading 8515
as well as some other headings. This result is not that surprising because most of the
welding equipment in use today is electrical.

Heading 8468

Heading 8468 provides as follows:

8468 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:

8468.10.00 00 Hand-held blow torches
8468.20 Other gas-operated machinery and apparatus:
8468.20.10 00 Hand-directed or -controlled
8468.20.50 00 Other
8468.80 Other machinery and apparatus:
8468.80.10 00 Hand-directed or -controlled
8468.80.50 00 Other
8468.90 Parts:
8468.90.10 00 Of hand-directed or –controlled machinery and
apparatus
8468.90.50 00 Other

As stated in the heading, apparatus other than those of heading 8515 fall within
heading 8468. The ENs to heading 8468 indicate that the heading excludes welding,
brazing or soldering machines and apparatus using both gas and electricity.

In the section for gas operated appliances for working metal, etc., the heading
8468 ENs state that the appliances of this group are operated by means of a very hot
flame produced by the combustion of an inflammable gas in a jet of oxygen or air.
Further on, the ENs state that ALL the appliances of this group have an arrangement for
bringing two gases to the nozzle which has two outlets, either concentric or side by side;
one of the gases is inflammable (acetylene, butane, propane, etc.) and the other gas is
compressed air or oxygen.

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Subheading 8468.10 provides for:

Hand-held blow torches – The ENs to heading 8468 refer to “blowpipes”,
describing them as high pressure or low pressure, and indicating that both types are of
similar construction. They consist of a handle or body fitted with the supply pipes, at the
exit of which (i.e., the nozzle) the gas is ignited. They generally also include regulating
valves. The apparatus is connected to an external gas supply by flexible tubing.

The description of blow torches in the ENs appears to describe an oxyfuel gas
process. Oxyfuel gas welding is a term used to describe any welding process that uses
a fuel gas combined with oxygen to produce a flame having sufficient energy to melt the
base metal. The fuel gas (normally acetylene) and oxygen are mixed in the proper
proportions in a chamber which is generally a part of the welding torch assembly.

Basic oxyfuel welding equipment consists of fuel gas and oxygen cylinders, each
with a gas regulator, hoses for conveying the gases to the torch, and a torch and tip
combination for adjusting the gas mixtures and producing the desired flame. A typical
welding torch consists of a torch handle with control valves, mixer and tip assembly. In
the mixer, the oxygen enters a center duct while the fuel gases enter angled ducts to
effect the mixing. The welding tip is that portion of the torch through which the gases
pass just prior to ignition and burning.

Subheading 8205.60 provides for blow torches and similar self-contained
torches. The ENs to heading 8205 refer to “blow lamps“ (e.g., for soldering or brazing;
for paint removal; for starting diesel engines) of two types, which differ in the type of fuel
used, incorporating either (1) a fuel reservoir for mineral oil or other liquid fuel or (2) a
replaceable gas cartridge. Both types are self-contained, however. The heading does
not cover gas operated welding appliances.

The major difference between the subheadings is that the blow torches of
heading 8468 are connected to an external gas supply while those of heading 8205 are
self-contained blow torches and blow torches of heading 8468 must have the
arrangement for bringing two gases to the nozzle.

Most of the blow torches of subheading 8468.10 are used in the jewelry industry.
Some blow torches are also used in dental labs. (See NY ruling C87628 of May 21,
1998). The blow torches of subheading 8205.60 may be marketed for soldering, but
many are promoted as multipurpose piezoelectric devices, and list applications such as
burning wood, lighting campfires, waxing skis, thawing frozen locks, sterilizing needles,
and functioning as a portable torch.

Subheading 8468.20 provides for:

Other GAS operated machinery and apparatus – Thus the subheading covers
gas operated machinery and apparatus other than blow torches. At the 8-digit level, the
subheading identifies:

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Soldering and Welding Machines and Apparatus
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8468.20.10 - Hand-directed or -controlled
8468.20.50 - Other

The ENs to heading 8468 indicate that all hand-operated gas appliances of
heading 8468 are connected to an external gas supply. Oxyfuel processes are primarily
manual and most hand directed torches employing an oxyfuel process are the blow
torches of subheading 8468.10. It does not appear that there should be much trade in
subheading 8468.20.10.

The subheading also covers gas-operated surface tempering machines and
appliances, which would fall under subheading 8468.20.50. The heading 8468 ENs
indicate that these consist of a number of nozzles arranged according to the shape of
the object to be treated. The flames from these nozzles project onto the surface to be
tempered a heat of such intensity that it is rapidly brought to the temperature required,
but this heat does not penetrate far below the surface. Once the surface has been
brought to the required tempering temperature, sprays of cooling liquid are directed on
the article or it is immersed in a bath of the liquid.

Subheading 8468.80 provides for:

Other machinery and apparatus –

Subheading 8468.80.10 - hand-directed or -controlled
Subheading 8468.80.50 - other

The main types of non-electric welders, other than the gas operated type of subheading
8468.10 and subheading 8468.20, include:

Friction Welding (FRW) – defined as a solid-state welding process that
produces a weld under compressive force contact of workpieces rotating or moving
relative to one another to produce heat and plastically displace material from the faying
surfaces.

Example - spin welder for thermoplastic pipe (NY ruling D84150, dated
November 19, 1998)

Diffusion Welding (DFW) - a solid state welding process that produces a weld
by the application of pressure at elevated temperature with no macroscopic deformation
or relative motion of the workpieces. A filler metal may be inserted between the faying
surfaces.

Cold Welding - a solid state process in which pressure is used at room
temperature to produce coalescence of metals with substantial deformation at
the weld. A characteristic of the process is the absence of heat, either applied

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Soldering and Welding Machines and Apparatus
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externally or generated by the welding process itself. (Cold welding is perhaps
the only truly nonthermal welding process.)

Subheading 8468.90 provides for:

Parts –

Subheading 8468.90.1000 - of hand-directed or –controlled machinery
and Apparatus

Subheading 8468.90.5000 - other

Subheading 8468.90.10 provides for parts of hand-directed or - controlled
machinery and apparatus.

Examples: needles for blow torch (for micro-fine soldering)
mixer for a welding torch

Subheading 8468.90.50 provides for other - parts of other than hand-directed or
– controlled machinery and apparatus.

Example: bases, frames, etc. for a welding machine

Heading 8515

Before discussing heading 8515, it should be noted that, effective February 3,
2007, changes to the HTSUS resulted in the migration of certain Information
Technology Products from various chapters of the HTSUS to one central HTSUS
provision, i.e., heading 8486. On December 13, 1996, the Information Technology
Agreement (ITA) was signed. Presidential Proclamation 7011 (reflecting the provisions
of the World Trade Organization Ministerial Declaration on Trade in Information
Technology Products), dated July 1 1997, contained the details necessary to implement
the tariff concessions granted by this Agreement. Included in the scope of the products
eligible for duty-free treatment under the ITA was welding equipment used in the
assembly of semiconductor devices. Provisions were made in heading 8515 for this
merchandise. While various changes had been made to the language of the
subheadings of heading 8515, in the intervening years, the merchandise continued to
be classified in heading 8515. Now, with the implementation of the HTSUS provisions
on February 3, 2007, this type of welding equipment (and its parts) is classified in
heading 8486, which provides for machines and apparatus of a kind used solely or
principally for the manufacture of semiconductor boules or wafers, semiconductor
devices, electronic integrated circuits or flat panel displays; machines and apparatus
specified in note 9(C) to chapter 84; parts and accessories.

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Heading 8515 provides as follows:

8515 Electric (including electrically heated gas), laser or other light or
photon beam, ultrasonic, electron beam, magnetic pulse or plasma
arc soldering, brazing or welding machines and apparatus, whether
or not capable of cutting; electric machines and apparatus for hot
spraying of metals or cermets; parts thereof:

Brazing or soldering machines and apparatus:
8515.11.00 00 Soldering irons and guns
8515.19.00 00 Other
Machines and apparatus for resistance welding of metal:
8515.21.00 00 Fully or partly automatic
8515.29.00 00 Other
Machines and apparatus for arc (including plasma arc)
welding of metals:
8515.31.00 00 Fully or partly automatic
8515.39.00 Other
Non-rotating type:
20 AC transformer type
40 Other
60 Rotating type
8515.80.00 Other machines and apparatus
40 Ultrasonic welding machines
80 Other
8515.90 Parts:

8515.90.20 00 Of welding machines and apparatus
8515.90.40 00 Other parts

Subheadings 8515.11 and 19 provide for:

Brazing or soldering machines and apparatus

The ENs to heading 8515 indicate that only machines and apparatus which by
means of their special attachments (for example, a system of feeding in solder wire) are
identifiable as solely or principally intended for brazing or soldering belong to this group.
They indicate that the heading also covers electrically heated hand soldering irons and
guns.

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Subheading 8515.11 provides for:

Soldering irons and guns

The traditional soldering tool is the soldering iron with a copper tip. These tools
are generally resistance heated. In fact, most soldering today is electrical. (As noted
earlier, torch or gas soldering of heading 8468 is mainly limited to the jewelry industry
and dental labs.)

The subheading also includes desoldering irons, which may or may not
incorporate a pump, to remove the melted solder.

Subheading 8515.19 provides for:

“Other” (covering soldering machines and apparatus other than soldering irons
and guns as well as brazing machines and apparatus)

Examples of the equipment covered by this subheading include:

Soldering/Desoldering Stations - including a soldering gun with a control unit
(known as rework stations - see NY ruling 838921, dated April 13, 1989) for removing
and replacing surface mount components from printed circuit boards (PCBs). It may
also include a wire feeder.

In addition to soldering irons and guns, rework stations, etc. there is some
specialized soldering equipment for the PCB industry. This equipment includes:

Wave Solder Machines - automatic soldering systems used to attach through-
hole technology electrical components to their printed wiring board. The solder is
pumped out of a narrow slot above the solder pot to produce a wave or a series of
waves.

However, the following related equipment for PCBs is NOT classified under this
subheading:

Solder Reflow Ovens - specialized ovens through which PCBs are automatically
passed following component placement. Classification is under subheading 8514.30.

Hot Air Solder Levelers (HASL) - horizontal or vertical coaters used to apply
molten solder to one or both sides of a PCB. Units include hot air blowoffs to level the
solder. It is a coating, not a joining process, hence heading 8515 does not apply.
Horizontal (spray) coaters (also known as curtain coaters) are classified in heading
8424; vertical (dipping - the PCB is dipped into a solder pot) coaters are classified in
heading 8479.

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Spray Fluxers - fluxing prepares the surfaces to be joined by cleaning the
surface and protecting it from oxidation. Classification is under heading 8424. Note
that some wave soldering machines incorporate a fluxing station. This is another
example of a composite and multifunction machine. In this combination, wave soldering
is the principal function, hence classification is under subheading 8515.19.

Solder Paste Screen Printers - employ the same technology as any other
screen printing machine. Classification is under subheading 8443.32.1090.

Subheadings 8515.21 and 29 provide for:

Machines and apparatus for resistance welding of metal

Subheading 8515.21 covers apparatus which are fully or partly automatic.
Subheading 8515.29 covers other than fully or partly automatic apparatus.

In a fully automatic system, the workpiece is automatically fed, welded and
ejected.

In a partly automatic setup, the operator positions the workpiece or welding gun
and pushes a switch to initiate the weld.

A resistance welding machine has three principal elements:

(1) an electrical circuit consisting of a welding transformer and a secondary
circuit with electrodes that conduct the current to the work;

(2) a mechanical system consisting of a machine frame and associated
mechanisms to hold the work and apply the welding force; and

(3) the control equipment to initiate and time the duration of current, which also
may control the current magnitude as well as sequence and time of other parts of
the welding cycle.

The most common resistance welding processes include:

Spot Welding (RSW) - most spot welders are of the resistance type. Produces
coalescence at the faying surfaces of a joint by the heat obtained from resistance to the
flow of welding current through the workpieces from electrodes that serve to
concentrate the welding current and pressure at the weld area.

Projection Welding (PW) - produces coalescence of materials by the heat
obtained from the resistance to the flow of the welding current. The resulting welds are
localized at predetermined points by projections, embossments, or intersections.

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Seam Welding (RSEW) - produces coalescence at the faying surfaces of
overlapped parts progressively along a length of a joint.

Flash Welding (FW) - a resistance welding process that produces a weld at the
faying surfaces of a butt joint by a flashing action and by the application of pressure
after heating is substantially completed.

Upset Welding (UW) - a resistance welding process that produces coalescence
over the entire area of faying surfaces, or progressively along a butt joint, by the heat
obtained from the resistance to the flow of welding current through the area where those
surfaces are in contact. Pressure is used to complete the weld.

Subheadings 8515.31 and 39 provide for:

Machines and apparatus for arc (including plasma arc) welding of metals

Subheading 8515.31 covers apparatus which are fully or partly automatic.
Subheading 8515.39 covers other than fully or partly automatic apparatus.

The statistical suffixes under subheading 8515.39 refer to the power source;
however, the welding head or gun still must be included to be classified in this
subheading.

Non-rotating type
20 AC transformer type
40 other
60 Rotating type

There are two types of rotating machinery: generators which produce direct
current and alternators which produce alternating current. Both have a rotating member
called a rotor or armature and a stationary member called a stator.

The term arc welding applies to a large and diversified group of welding
processes that use an electric arc as the source of heat to melt and join metals. The
process may or may not require the use of filler metal. The welding arc is struck
between the workpiece and the tip of an electrode. The electrode will either be a
consumable wire or rod or a nonconsumable carbon or tungsten rod which carries the
welding current. When a nonconsumable electrode is used, filler metal can be supplied
by a spare rod or wire if needed. A consumable electrode, however, will be designed
not only to conduct the current that sustains the arc, but also to melt and supply filler
metal to the joint.

In an automated setup, classified in subheading 8515.31, the equipment may
include a controller, workpiece positioner and wire feeder, in addition to the welding
machine or robot with welding attachments.

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Soldering and Welding Machines and Apparatus
August 2008

In a manual setup, classified in subheading 8515.39, the equipment generally
consists of the torch or gun, welding cable and power supply, hoses and source of
shielding gas. The torch may have auxiliary switches and valves built into the handle
for controlling current and gas flow. The torch imported without the power supply or
cable remains classified here as arc welding apparatus; it is not classified as parts.

There have been many instances where welding power supplies have been
classified under subheading 8515.31 or subheading 8515.39 as arc welders or
subheading 8515.90 as parts. As noted above, subheading 8515.39 includes a
statistical breakout for AC transformer type arc welders. This breakout may be the
basis for some of the misclassifications. The ENs to heading 8515 indicate that
separately imported welding generators are classified in heading 8502 while
transformers and inverters fall under heading 8504. The ENs to heading 8502 and
heading 8504 refer these products to classification in heading 8515 if imported with their
welding heads. (See also HQ ruling 956586, dated October 4, 1994, which classified an
inverter for a welding machine under subheading 8504.40.)

The most common arc welding processes include:

Shielded Metal Arc Welding (SMAW) - most widely used arc welding process in
which coalescence of metals is produced by heat from an electric arc that is maintained
between the tip of a covered electrode and the surface of the base metal in the joint
being welded. The intense heat of the arc melts the tip of the electrode. In this manner,
filler metal is deposited as the electrode is progressively consumed.

Submerged Arc Welding (SAW) - produces coalescence of metals by heating
them with an arc between a bare metal electrode and the work. The arc and molten
metal are “submerged “ in a blanket of granular fusible flux on the work.

Gas Metal Arc Welding (GMAW) - uses an arc between a continuous
consumable filler metal electrode and the weld pool. May use a tubular electrode
wherein metallic powders make up the bulk of the core materials (metal cored
electrode). It has been the predominant choice for robotics.

Flux Cored Arc Welding (FCAW) - uses an arc between a continuous filler
metal electrode and the weld pool. The flux-cored electrode is a composite filler metal
electrode consisting of a metal sheath and a core of various powdered materials.

Gas Tungsten Arc Welding (GTAW) - uses an arc between a non-consumable
tungsten electrode and the weld pool. The electrode extends beyond the end of the
shielding gas nozzle. The process is used with shielding gas, without the application of
pressure and with or without filler metal.

Plasma Arc Welding (PAW) - produces coalescence of metals by heating them
with a constricted arc between an electrode and the workpiece or between the electrode
and the constricting nozzle. Pressure is not applied, and filler metal may or may not be

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Soldering and Welding Machines and Apparatus
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added. The process uses a non-consumable electrode; the electrode is recessed and
does not touch the workpiece. The PAW torch has a nozzle that creates a gas chamber
surrounding the electrode. The arc heats the gas fed into the chamber to a temperature
where it becomes ionized and conducts electricity. This ionized gas is defined as
plasma.

Electro Gas Welding (EGW) - uses an arc between a continuous filler metal
electrode and the weld pool, employing vertical position welding with backing to confine
the molten weld metal. The process uses a consumable electrode, either solid or flux
cored. The process is used with or without shielding gas and without the application of
pressure.

Electro Slag Welding (ESW) - produces coalescence of metals with molten slag
that melts the filler metal and the surfaces of the workpieces to be welded. The process
is initiated by an arc that heats a granulated flux and melts it to form the slag.

Percussion Welding (PEW) - a joining process that produces coalescence with
an arc resulting from a rapid discharge of electrical energy. Pressure is applied
percussively during or immediately following the electrical discharge.

Subheading 8515.80 provides for:

“Other” (other than soldering, brazing, resistance welding and arc welding)

Subheading 8515.80.0040 – “ultrasonic welding machines” - the parts to
be joined are held together and subjected to ultrasonic vibrations.

Subheading 8515.80.0080 – “other” (which includes other welding
processes such as laser or other light or photon beam, magnetic pulse, thermoplastic
welding as well as the electric machines and apparatus for hot spraying of metals or
cermets).

Electron Beam Welding (EBW) - a fusion process that produces coalescence of
materials with heat obtained by impinging a beam composed primarily of high energy
electrons onto the joint to be welded. The heart of the process is the electron beam
gun/column assembly.

Laser Beam Welding (LBW) - a fusion joining process that produces
coalescence of materials with the heat obtained from a concentrated beam of coherent,
monochromatic light impinging on the joint to be welded. It is a noncontact process,
and thus requires that no pressure be applied. The most common types used are the
YAG laser and the CO
2
laser. (LASER is an acronym for Light Amplification by
Stimulated Emission of Radiation.)

One of the most common classification errors found is where separately imported
lasers are classified under subheading 8515.80 as other electrical welding apparatus or

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Soldering and Welding Machines and Apparatus
August 2008

under subheading 8515.90 as parts. Section XVI, note 1(m) excludes articles of
chapter 90.

The ENs to heading 9013 indicate that, in addition to the lasing medium (e.g., the
gas), the energy source (pumping system) and the resonant optical cavity (i.e., the
basic elements combined in the laser head), lasers generally also incorporate a power
supply, a cooling unit and a control unit. If these units are presented together, they
remain in subheading 9013.20. They are excluded from heading 9013 if presented with
work tables, work holders and means of feeding and positioning workpieces.

Thermal Spraying (THSP) is a process in which a metallic or nonmetallic
material is heated and then propelled in atomized form onto a substrate. The material
may be initially in the form of wire, rod or powder. It is heated to the plastic or molten
state by an oxyfuel gas or an electric or plasma arc. Arc or plasma arc spraying
apparatus is classified in subheading 8515.80. Oxyfuel gas spraying apparatus is
classified in heading 8424.

The subheading does not include apparatus for the assembly of semiconductors
including die attach apparatus, tape automated bonders and wire bonders. As part
of the Information Technology Agreement (ITA), new subheadings were created in
July of 1997 for machinery used in the manufacture of semiconductor devices. The
1998 HTSUS contained a specific subheading, 8515.80.40, for this ITA equipment,
at a lower rate of duty than the non-ITA equipment of subheading 8515.80.80.
When all of subheading 8515.80 became duty free in 1999, this specific ITA
subheading was dropped. However, the equipment remained classified in
subheading 8515.80.00 until February 3, 2007. Apparatus of this type, entered on or
after February 3, 2007, is classified in heading 8486, which provides for machines
and apparatus of a kind used solely or principally for the manufacture of
semiconductor boules or wafers, semiconductor devices, electronic integrated
circuits or flat panel displays; machines and apparatus specified in note 9(C) to
chapter 84.

Examples of ITA apparatus previously classified in heading 8515, but migrating to
heading 8486, as of February 3, 2007, include:

Die Attach Apparatus - there are two methods, eutectic (classified in
subheading 8515.80.0080 prior to February 3, 2007) and epoxy (classified in
subheading 8479.89. 8490 prior to February 3, 2007).

The eutectic method is named for the phenomenon that takes place when two
materials melt together at a much lower temperature than either one of them separately.

The epoxy method uses thick liquid epoxy adhesives; it is not a welding process.

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Soldering and Welding Machines and Apparatus
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Note: Non-ITA apparatus using the eutectic method continues to be classified in
heading 8515, while non-ITA apparatus using the epoxy method continues to be
classified in heading 8479.

Wire Bonding - a deformation welding process done with either gold or
aluminum wires.

Gold Wire Bonding - there are two methods, thermocompression and
thermosonic, also known as ball bonding. Thermosonic employs a pulse of ultrasonic
energy.

Aluminum Wire Bonding - (no ball is formed) known variously as ultrasonic or
wedge bonding.

Tape Automated Bonders - bond is complete with a tool known as a thermode.

Finally, two other processes (non-ITA) of significance under 8515.80 include
fusion splicers and thermoplastic welders.

Fusion Splicers - for optical fiber cables, whereby a DC high voltage arc
generated from electrodes fuses the two optical fibers together. These self-contained
portable units consist essentially of a fiber guide and clamp, fusion electrodes and
electrode holders.

Thermoplastic Welders - the ENs describe machines and apparatus for welding
thermoplastic materials:

1. Welding with electrically heated gas (hot gas welding) - the surfaces to be
joined are warmed by electrically heated gas (generally air) and joined under pressure
with or without additives.

2. Welding with electrically heated elements (heated element welding) - the
surfaces to be joined are warmed by means of electrically heated elements and joined
under pressure with or without additives.

3. High-frequency welding - the surfaces to be joined of thermoplastic materials
(e.g., acrylics, polyethylene, vinyl, nylon) with reasonably high dielectric losses are
heated in a high frequency alternating field and joined under pressure with or without
additives.

Some examples of thermoplastic welders can be found in the following rulings:

NY 814525, dated September 20, 1995, classified an automatic pocket maker (heat
welding machine) used to make pockets, primarily out of polypropylene, for papers to be
inserted in ring binders under subheading 8515.80.

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NY 885988, dated June 1, 1993, classified hot air welding tools under subheading
8515.80.

HQ rulings 964783, dated March 27, 2001, and 964638, dated April 12, 2001, classified
impulse bag sealers for commercial applications under 8515.80.

Parts

Subheading 8515.90 - does not include accessories.

Subheading 8515.90.20 - provides for parts of welding machines and apparatus.

Subheading 8515.90.40 - provides for parts of soldering and brazing machines
and apparatus and parts of electric machines and apparatus for hot spraying of metal.

The ENs to heading 8515 provide a few examples of parts:

soldering heads & tongs
electrode holders
metal contact electrodes (contact points, rollers & jaws)
torch points

What other items are classified as parts?

In general, electrical soldering, brazing or welding machine components such as
beds, bases, columns, frames, rams, etc. will generally be classified as parts if imported
separately.

Welding Jigs & Fixtures - in engineering, the terms “jig” and “fixture” have
essentially the same meaning. The function of a fixture is to facilitate assembly of parts
and to hold the parts in a fixed relationship.

Wire Feeders - used to add filler metal during automatic and machine welding.
The feed may be through the torch or direct to the weld pool.

Thoriated Tungsten Electrodes (HQ ruling 957718, dated April 5, 1995) – are
nonconsumable, do not melt, and serve as one of the electrical terminals of the arc.

Ceramic Welding Nozzle for a TIG welding torch (NY ruling 892522, dated
December 8, 1993) - as noted earlier, ceramic articles are excluded from heading 8468,
but not from heading 8515.

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Soldering and Welding Machines and Apparatus
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Articles Excluded or Misclassified as Parts

The heading 8515 ENs exclude: consumable electrodes of base metal or metal
carbides, classified according to constituent material or in heading 8311; and electrodes
of graphite or other carbon, with or without metal (heading 8545).

Although many of the following items have already been mentioned throughout the
preceding pages, they bear repeating under a discussion of parts because they are
some of the most frequently misclassified items. The four-digit headings and, where
possible, the six- or eight- digit subheadings where they are properly classified follow
the description.

Welding transformers - heading 8504
Welding generators - heading 8502
Welding control panels - heading 8537
Welding cables - heading 8544
Welding helmets - classify according to constituent material
Lasers - subheading 9013.20
Nut feeders (HQ ruling 957460, dated April 26, 1995) - heading 8479
Positioning equipment (HQ 962105, dated April 22, 1999) - heading 8479 -
headstock-tailstock type and tilting-rotating type.
Fume extractor (NY ruling 878892, dated October 21, 1992) -
subheading 8421.39 - eliminate fumes caused by arc
welding.
Desoldering pump (vacuum pump without any heating element) -
subheading 8414.10
Solder paste - subheading 3810.10
Solder paste flux - subheading 3810.90
Solder wire or welding wire - if fluxed, heading 8311
Solder or welding wire - if not fluxed - classify in the appropriate
wire provision, e.g., other alloy steel welding wire would be in
heading 7229
Measuring instruments related to welding, soldering etc. – various
headings in chapter 90

MACHINES AND APPARATUS OFTEN MISCLASSIFIED UNDER HEADING 8468 OR
HEADING 8515

The following are complete machines and apparatus, rather than parts, which
have been misclassified as soldering, brazing or welding apparatus:

Wafer Bonders (prior to February 3, 2007, classified in subheading 8479.89.8490; as
of February 3, 2007, classified in heading 8486) – because silicon is not a thermoplastic

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Soldering and Welding Machines and Apparatus
August 2008

material. Wafer bonding is achieved through atomic forces, not through a flow of
material. It is not considered to be a welding process.

MicroTorches - are multi-purpose, self-contained piezoelectric devices (subheading
8205.60).

Thermal cutting machines of the following types:

Oxyfuel - subheading 8461.90
Plasma Arc - subheading 8456.90
Laser Beam - subheading 8456.10

Veneer Welders - subheading 8465.94 (HQ ruling 089434, dated September 16, 1991)
- a machine for splicing/joining veneer strips.

Solder Reflow Ovens - subheading 8514.30
Solder Leveling Machines - heading 8479 or heading 8424
Solder Paste Screen Printers - subheading 8443.32.1090

Bag Sealers - household type, subheading 8516.79 (HQ rulings 962013, 962015 and
962167, all dated October 1, 1999). These are hand-held devices.

However, impulse bag sealers of a type for commercial applications are classified
under subheading 8515.80. (See HQ ruling 964783 of March 27, 2001 and 964638
of April 12, 2001). They are generally bench top or floor standing units. (It should
be noted that HQ ruling 964783 revoked HQ ruling 962014 of October 1, 1999 which
had held that bag sealers of a type used in restaurants and supermarkets were
classified under heading 8543.)

Bag sealers incorporating vacuum pumps, conveyors or other mechanical features
are classified in heading 8422.

Hot Air Guns – subheading 8419.89.95. Hand-held devices with a pistol grip which
incorporate a self-contained electric motor which powers a fan that blows air over a
ceramic heating element. They are used for various applications including stripping
paint, soldering copper pipe, removing floor adhesives, window glazing, curing epoxies,
shrink wrapping plastics, etc. See HQ rulings 960936, dated January 29, 1998, and
962217, dated April 9, 1999.

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Soldering and Welding Machines and Apparatus
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ADDITIONAL INFORMATION

The Internet

The home page of U.S. Customs and Border Protection on the Internet’s World Wide
Web, provides the trade community with current, relevant information regarding CBP
operations and items of special interest. The site posts information -- which includes
proposed regulations, news releases, publications and notices, etc. -- that can be
searched, read on-line, printed or downloaded to your personal computer. The web site
was established as a trade-friendly mechanism to assist the importing and exporting
community. The web site also links to the home pages of many other agencies whose
importing or exporting regulations that U.S. Customs and Border Protection helps to
enforce. The web site also contains a wealth of information of interest to a broader
public than the trade community. For instance, the “Know Before You Go” publication
and traveler awareness campaign is designed to help educate international travelers.

The web address of U.S. Customs and Border Protection is http://www.cbp.gov

Customs Regulations

The current edition of Customs and Border Protection Regulations of the United States
is a loose-leaf, subscription publication available from the Superintendent of
Documents, U.S. Government Printing Office, Washington, DC 20402; telephone (202)
512-1800. A bound edition of Title 19, Code of Federal Regulations is also available for
sale from the same address. All proposed and final regulations are published in the
Federal Register, which is published daily by the Office of the Federal Register, National
Archives and Records Administration, and distributed by the Superintendent of
Documents. Information about on-line access to the Federal Register may be obtained
by calling (202) 512-1530 between 7 a.m. and 5 p.m. Eastern time. These notices are
also published in the weekly Customs Bulletin described below.

Customs Bulletin

The Customs Bulletin and Decisions (“Customs Bulletin”) is a weekly publication that
contains decisions, rulings, regulatory proposals, notices and other information of
interest to the trade community. It also contains decisions issued by the U.S. Court of
International Trade, as well as customs-related decisions of the U.S. Court of Appeals
for the Federal Circuit. Each year, the Government Printing Office publishes bound
volumes of the Customs Bulletin. Subscriptions may be purchased from the
Superintendent of Documents at the address and phone number listed above.

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Soldering and Welding Machines and Apparatus
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Importing into the United States

This publication provides an overview of the importing process and contains general
information about import requirements. The current edition of Importing Into the United
States contains much new and revised material brought about pursuant to the Customs
Modernization Act (“Mod Act”). The Mod Act has fundamentally altered the relationship
between importers and U.S. Customs and Border Protection by shifting to the importer
the legal responsibility for declaring the value, classification, and rate of duty applicable
to entered merchandise.

The current edition contains a section entitled "Informed Compliance." A key component
of informed compliance is the shared responsibility between U.S. Customs and Border
Protection and the import community, wherein CBP communicates its requirements to
the importer, and the importer, in turn, uses reasonable care to assure that CBP is
provided accurate and timely data pertaining to his or her importation.

Single copies may be obtained from local offices of U.S. Customs and Border
Protection, or from the Office of Public Affairs, U.S. Customs and Border Protection,
1300 Pennsylvania Avenue NW, Washington, DC 20229. An on-line version is
available at the CBP web site. Importing into the United States is also available for
sale, in single copies or bulk orders, from the Superintendent of Documents by calling
(202) 512-1800, or by mail from the Superintendent of Documents, Government Printing
Office, P.O. Box 371954, Pittsburgh, PA 15250-7054.

Informed Compliance Publications

U.S. Customs and Border Protection has prepared a number of Informed Compliance
publications in the “What Every Member of the Trade Community Should Know
About:...” series. Check the Internet web site http://www.cbp.gov for current
publications.

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Soldering and Welding Machines and Apparatus
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Value Publications

Customs Valuation under the Trade Agreements Act of 1979 is a 96-page book
containing a detailed narrative description of the customs valuation system, the customs
valuation title of the Trade Agreements Act (§402 of the Tariff Act of 1930, as amended
by the Trade Agreements Act of 1979 (19 U.S.C. §1401a)), the Statement of
Administrative Action which was sent to the U.S. Congress in conjunction with the TAA,
regulations (19 C.F.R. §§152.000-152.108) implementing the valuation system (a few
sections of the regulations have been amended subsequent to the publication of the
book) and questions and answers concerning the valuation system.

Customs Valuation Encyclopedia (with updates) is comprised of relevant statutory
provisions, CBP Regulations implementing the statute, portions of the Customs
Valuation Code, judicial precedent, and administrative rulings involving application of
valuation law. A copy may be purchased for a nominal charge from the Superintendent
of Documents, Government Printing Office, P.O. Box 371954, Pittsburgh, PA 15250-
7054. This publication is also available on the Internet web site of U.S. Customs and
Border Protection.

The information provided in this publication is for general information
purposes only. Recognizing that many complicated factors may be
involved in customs issues, an importer may wish to obtain a ruling under
CBP Regulations, 19 C.F.R. Part 177, or obtain advice from an expert
(such as a licensed Customs Broker, attorney or consultant) who
specializes in customs matters. Reliance solely on the general
information in this pamphlet may not be considered reasonable care.

Additional information may also be obtained from U.S. Customs and Border Protection
ports of entry. Please consult your telephone directory for an office near you. The
listing will be found under U.S. Government, Department of Homeland Security.

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“Your Comments are Important”

The Small Business and Regulatory Enforcement Ombudsman and 10 regional
Fairness Boards were established to receive comments from small businesses about
Federal agency enforcement activities and rate each agency’s responsiveness to small
business. If you wish to comment on the enforcement actions of U.S. Customs and
Border Protection, call 1-888-REG-FAIR (1-888-734-3247).

REPORT SMUGGLING 1-800-BE-ALERT OR 1-800-NO-DROGA

Visit our Internet web site: http://www.cbp.gov

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