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NY 867973


November 4, 1991

CLA-2-84:S:N:N1:103 867973

CATEGORY: CLASSIFICATION

TARIFF NO.: 8428.90.0090

Mr. Howard Rosenkranz
United Associates Group Inc.
5713 Corporate Way, Suite 201
West Palm Beach, FL 33401

RE: The tariff classification of a bin lifter and dumper from Germany

Dear Mr. Rosenkranz:

In your letter dated September 30, 1991 you requested a tariff classification ruling.

The bin lifter and dumper is a machine used to discharge bulk materials from various types of containers. It basically consists of a vertical frame, a motorized elevating bin mechanism, and a bin holder. The bin holder contains a solenoid operated clamp to hold bins of various dimensions securely. The bin and bin holder are elevated to the top of the frame by means of a motor and two rollers. At this point the bin can be tipped back at pre-determined standard angles ranging from 135 degrees to 180 degrees, depending on how fast the material must be discharged from the bin. In your letter you state the bin lifter and dumper will be used in the pharmaceutical industry. The brochure accompanying your inquiry indicates it can also be used in other industries such as the chemical and plastic industries.

The applicable subheading for the bin lifter and dumper will be 8428.90.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for other lifting, handling, loading or unloading machinery: other machinery. The rate of duty will be 2 percent ad valorem.

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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