The tariff classification of six hyperbaric food preparation machines from Spain

N155715 April 5, 2011 CLA-2-84:OT:RR:NC:N1:106 CATEGORY: Classification TARIFF NO.: 8438.80.0000 Jaime Nicolas Correa, Commercial Manager NC Hyperbaric S.A. Condado de Trevino 6 09001 Burgos SPAIN RE: The tariff classification of six hyperbaric food preparation machines from Spain Dear Mr. Correa: In your letter dated March 14, 2011, you requested a tariff classification ruling. The items under consideration have been identified as six (6) models in the Wave 6000 Range series of hyperbaric food preparation equipment. The six (6) models are the “Wave 6000/55, Wave 6000/55 HT, Wave 6000/135, Wave 6000/300, Wave 6000/300 Tandem and Wave 6000/420.” The Wave 6000 Range series provides pasteurization to food and beverages to prolong shelf life and quality by the elimination of bacteria through application of high temperature and pressure. The Wave 6000 Range series is a high-pressure, stainless steel vessel, powered by electricity, using a pump to achieve pressurization. Pre-packaged food or drink is placed inside the vessel, the vessel is filled with freshwater, a closure is placed over the vessel, the level of water is adjusted, and then compressed. You indicate that the press can be used for various juices, meats, vegetables, dairy, and seafood. The applicable subheading for the Wave 6000 Range of hyperbaric equipment will be 8438.80.000, Harmonized Tariff Schedule of the United States (HTS), which provides for other machinery, not specified or included elsewhere in this chapter, for the industrial preparation or manufacture of food or drink. The rate of duty will be free. Your inquiry does not provide enough information for us to give a classification ruling on the parts used in the manufacture or repair of the Wave 6000 system. Your request for a classification ruling should include a detailed description of the part, the purpose of the part, and where the part fits into the machine as a whole. When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. 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 Mark Palasek at (646) 733-3013. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division