HQ 083274: Wireform Feeder from Italy

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.

                            HQ 083274

                       September 26, 1989


CLA-2 CO:R:C:G  083274  JMH

CATEGORY:  Classification

TARIFF NO.:

Mr. A.D. Gate
Metallurgical Consultant
Pickands Mather & Co.
1100 Superior Avenue
Cleveland, OH   44114

RE:  Wireform Feeder from Italy

Dear Mr. Gate:

     Your letter of October 24, 1988, requesting a classification
ruling regarding the Wireform Feeder from Italy has been
forwarded to this office for a reply.

FACTS:

     The equipment in question is a machine used in the
production of steel by in-ladle metallurgy.  The purpose of this
wireform feeder is to add precise amounts of corrective elements,
in powder form, to the liquid metal in the ladle. It performs a
number of functions to accomplish this purpose.

     The liquid metal in the ladle is treated by the direct
introduction of "cored wire". The "cored wire" contains powdered
materials such as ferroalloys and/or other materials or blends.
The key feature of this machine is that it does not use
preformed "cored wire" containing predetermined amounts of
specific alloys.  The instant wireform feeder forms a tube at the
site, fills it with the exact weight and sequence of the
specified alloy, metal or other granule, and then injects it
immediately into the ladle or furnace.

     To create the "cored wire", a metal sheet is unrolled from
an accumulation roll.  (This roll appears to be a separate unit,
not imported, but the balance of the machinery appears to be on a
common base.)  The sheet is horizontally advanced through a tube
forming section which has a filling matrix at its center.  A
loading hopper with a metering device is positioned above the
filling matrix.  This loading hopper receives the powder elements
from an upper hopper.  The upper hopper is internally subdivided
                               -2-

into various compartments to which the various materials are
stored awaiting use.

     The metering device is connected to an automatic scale, both
of which are under the control of a process computer.    The
metered and weighed powders are deposited on the metal sheet
traveling at the base of the matrix.  The sheet is formed into a
"U" shape.  A pair of forming rollers close the "U" cross section
of the sheet to form a tube and simultaneously compact the
powders.  At the outlet of the forming rollers, the continuous
tube is sent into a guide and a retention duct from which it is
injected into the ladle.

ISSUE:

     What is the proper classification under the Harmonized
Tariff Schedule of the United States (HTSUSA) for the wireform
feeder imported from Italy?

LAW AND ANALYSIS:

     Classification of merchandise under the HTSUSA is governed
by the General Rules of Interpretation (GRI's).  GRI 1 states in
part that "for legal purposes, classification shall be determined
according to the terms of the headings and any relative section
or chapter notes..."  Machinery and mechanical appliances are
covered by the headings within Section XVI, Chapter 84, HTSUSA.

     Section XVI, Note 3, HTSUSA, provides that "composite
machines consisting of two or more machines fitted together to
form a whole..." are classified according to the principal
function of the machine as a whole, unless the context requires
otherwise.

     Chapter 84, Note 7, HTSUSA, states:

     "A machine which is used for more than one purpose is,
     for the purposes of classification, to be treated as if
     its principal purpose were its sole purpose...Subject
     to...note 3 to section XVI, a machine the principal
     purpose of which is not described in any heading or for
     which no one purpose is the principal purpose is...to
     be classified in heading 8479."

     It is the opinion of this office that the wireform feeder,
with its metering and weighing, tube forming, tube filling, and
injection functions, is a composite machine.  However, no one
function is the principal purpose of the machine.  Therefore,
according to the relevant section and chapter notes, the wireform
feeder is to be classified within heading 8479, HTSUSA. Chapter
84, Note 7, HTSUSA.

                               -3-

HOLDING:

     The proper classification for the wireform feeder is
8479.89.90, HTSUSA.  The rate of duty is 3.7 percent ad valorem.

                              Sincerely,



                              John Durant, Director
                              Commercial Rulings Division