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NY 854858


AUG 28, 1990

CLA-2-84:S:N:N1:106-854858

CATEGORY: CLASSIFICATION

TARIFF NO.: 8428.20.0010; 8426.49.0090

Mr. James Gassert
Horizon Air Freight, Inc.
152-15 Rockaway Boulevard
Jamaica, NY 11434

RE: The tariff classification of grain transport equipment from West Germany and Italy

Dear Mr. Gassert:

In your undated letter, on behalf of Continental Grain, New York, NY, you requested a tariff classification ruling for a pneumatic conveyor and four mobile cranes.

You have submitted literature describing the Neuero model 210 mobile pneumatic conveyor manufactured in West Germany. The conveyor has heavy duty construction, a heavy gauge box tubing frame, and a four wheel towable chassis. The model 210 is powered by a 90 kW or 110 kW electric motor. Other features include a high-pressure centrifugal blower, an air-flow regulator, a primary intake cyclone of two piece construction, a hand operated air valve designed for instant stop of conveying, and a control panel incorporating all switchgears and automatic devices. The mobile pneumatic conveyor is used to transfer grain out of a ship's storage hold and into a hopper located on the dock.

The four tracked mobile cranes are manufactured in Italy. Two cranes will be model GS 30-4X2 with a maximum capacity of 16 tons on a five meter radius. These cranes are powered by a Fiat 113 h.p. diesel engine. Other features include safe load indicator, high position operators cabin, special jib 4 meters long, and boom with a length of 21.35 meters. The crane measures 6.3 by 3.3 by 2.6 meters and weighs approximately 25.5 tons.

Two cranes will be model GS 15-4X2 with a maximum capacity of 8 tons on a five meter radius. These cranes are powered by a Fiat 90 h.p. diesel engine. This model has a boom length of 15.25 meters. The crane measures 5.3 by 3.1 by 2.6 meters and weighs approximately 16.8 tons. General features are the same as the model GS 30-4X2. The cranes are used to lift grain and other materials from one ship to another ship, or from ship to shore (into a hopper located on the dock).

The applicable subheading for the Neuero model 210 mobile pneumatic conveyor will be 8428.20.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for other lifting, handling, loading or unloading machinery: pneumatic conveyors. The rate of duty will be 2 percent ad valorem.

The applicable subheading for the tracked mobile cranes will be 8426.49.0090, HTS, which provides for cranes: self-propelled, other. The rate of duty will be 2 percent ad valorem.

Subheading 9817.00.50, HTS, free of duty, is the provision for machinery, equipment or implements to be used for agricultural purposes. As the pneumatic conveyor and mobile cranes are being used in marketing pursuits rather than agricultural pursuits, subheading 9817.00.50 is not applicable in this instance.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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