N341812

N341812 August 20, 2024 CLA-2-84:OT:RR:NC:N1:104 CATEGORY: Classification TARIFF NO.: 8479.89.9599 Lisa Murrin Expeditors Tradewin LLC 795 Jubilee Drive Peabody, MA 01960 RE: The tariff classification of automated storage and retrieval towers from Sweden Dear Ms. Murrin: In your letter dated August 5, 2024, on behalf of your client, Mycronic, Inc., you requested a classification ruling. The items in question are a series of MYTower Automated Storage Towers (“towers”) for storing and retrieving surface-mount device (“SMD”) reels containing printed circuit board components in the surface mount technology production environment. The towers are sold in a variety of storage footprint sizes from 1.46 to 1.95 square meters. The number of reels per storage unit varies from 812 reels to 2,468 reels depending on reel diameter and tower footprint. The reels, which are not included with the shipment, range from 4 inches (10.16cm) to 15 inches (38.1cm) in diameter, and from 4mm to 56mm in width. The towers use a barcode scanning system to record the type of reel that is to be stored within the towers. When a reel is placed in the towers’ terminals, the towers pull the reel under a barcode scanner to identify it, and the system records the location of the stored reel. To retrieve a reel, the user enters the type of reel needed using a software interface and the towers will retrieve the reel and then return it to the same place. The user can use the software interface to update the quantity. As imported the towers do not count or determine the number of parts remaining on a reel. The towers employ an internal motor with a gripping arm to receive and to lift, move, and load the reels into slots within the towers and an x-y axis to move the reels for storage to a specific location and for retrieval. In your submission, you suggest that the MYTower Automated Storage Towers are are classifiable in heading 8428, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other lifting, handling, loading or unloading machinery.” We disagree. The subject units are marketed as a self-contained storage system for SMD reels, providing convenient storage and retrieval of goods. While internally there is a mechanism for retrieving reels from the shelving, the lifting or handling of reels is subsidiary to the principal function of the MYTower, which is to store reels for retrieval using an automated process. This function is not covered by heading 8428, HTSUS. As no other tariff heading specifically includes machines of this type, the applicable subheading for the MYTower Automated Storage Towers will be 8479.89.9599, HTSUS, which provides for “Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and mechanical appliances: Other: Other: Other.” The rate of duty will be 2.5 percent ad valorem. 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 at https://hts.usitc.gov/current. The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP. This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Arthur Purcell at arthur.purcell@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division

set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Arthur Purcell at arthur.purcell@cbp.dhs.gov.Sincerely, Steven A. Mack Director National Commodity Specialist Division