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NY 869049


DEC 17 1991

CLA-2-84:S:N:N1:105 869049

CATEGORY: CLASSIFICATION

TARIFF NO.: 8419.39.0080, 8479.89.9090

Mr. Stephen J. Pepi
Great Lakes Customs Brokerage, Inc.
P.O. Box 740
Buffalo, NY 14213

RE: The tariff classification of resin dryers and loaders from Canada.

Dear Mr. Pepi:

In your letter dated November 18, 1991 on behalf of Cactus Machinery Inc. you requested a tariff classification ruling.

The Cactus Super Dryer mounts directly onto a plastics molding machine replacing the conventional hopper. Certain plastics resins tend to absorb moisture and require drying before molding. This super dryer cuts energy use as much as 80 percent compared with conventional dehumidifying dryers. It is available in four sizes: Cactus 5, Cactus 10, Cactus 15 and Cactus 25.

The Cactus Superloaders Models AL200 and RL500 are air powered integral hopper feeders designed to be used with a super dryer or any processing machine to provide an economical, reliable resin supply. A stainless steel wand picks up material directly from a bag, bin or box, moving it to the dryer or molding machine with compressed air. Model RL 500 has two wands rather than one to permit a loading of a mix of virgin and reground resin. It contains a timer that permits up to a 50% mixture.

The applicable subheading for the Cactus Superdryers, Models 5, 10, 15 and 25 will be 8419.39.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for machinery, plant or laboratory equipment, whether or not electrically heated for the treatment of materials by a process involving a change of temperature: dryers, other. The rate of duty will be 4.2 percent ad valorem.

The applicable subheading for the Cactus Superloaders, Models AL200 and RL500, will be 8479.89.9090, HTS, which provides for other machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter, other, other. The rate of duty will be 3.7 percent ad valorem.

Goods classifiable under subheading 8419.39.0080, HTS, which have originated in the territory of Canada, will be entitled to a 1.6 percent rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations. Those classifiable under subheading 8479.89.9090 will be entitled to a 1.4 percent rate of duty under the agreement.

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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