Industrial Shredders Are Not Duty-Free 'Grinding' Machines, Government Argues

Industrial shredders are not classifiable as grinding and crushing tools under the Harmonized Tariff Schedule because the principal function of the machines is shredding or cutting, DOJ argued in its April 5 reply brief. DOJ asked the court to reject Vecoplan's "overly broad and strained interpretation" of "grinding" to fit its shredders into a duty-free classification (Vecoplan v. U.S., CIT # 20-00126).

The principal function of the shredders is not covered by Harmonized Tariff Schedule subheading 8479.82.00, DOJ argued. "The 'grinding' operation requires that the size reduction be accomplished through use of pressure, force or friction between hard surfaces" and the outputs must be "powder, particles or very small pieces," DOJ said. Vecoplan's shredders do not meet that standard, the government argued.

In its March 15 motion, Vecoplan argued that the machines are classifiable as grinding and crushing tools because the shredding operations break down material into small fragments and reduce the size of inputs via impacting the waste material. The machines met the broad definition of "grinding" by using cutting inserts to "break or scoop material out of a larger mass" until it's reduced to a size corresponding to the chosen screen (see 2303150025).