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NY 871611


March 10, 1992

CLA-2-84:S:N:N1:103 871611

CATEGORY: CLASSIFICATION

TARIFF NO.: 8428.33.0000

Mr. Robert W. Buxton
Raider Reach Manufacturing Ltd.
#227 - 3631 #3 Road
Richmond, B.C., Canada V6X 2B9

RE: The tariff classification of a mobile conveyor from Canada

Dear Mr. Buxton:

In your letter dated February 11, 1992 you requested a tariff classification ruling.

The Accuplacer is a mobile conveyor used to convey unhardened concrete and other loose materials. It basically consists of a series of connected articulating arms, each supporting a belt conveyor, mounted on a wheeled trailer. Unhardened concrete, sand, gravel, or other loose materials can be dumped from a separate truck onto the first conveyor section. The conveyors transport the material to a spout which can be maneuvered by an operator to ensure accurate placement of the material within a radius up to 112 feet from the loading point. Movement of the supporting arms occurs by means of a hydraulic system driven from the Accuplacer's diesel engine. A hand-held remote control console is utilized to operate the unit.

The applicable subheading for the Accuplacer will be 8428.33.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other continuous-action elevators and conveyors, for goods or materials: other, belt type. The duty rate will be 2 percent ad valorem.

Goods classifiable under subheading 8428.33.0000, HTS, which have originated in the territory of Canada, will be entitled to a 0.4 percent rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

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
New York Seaport

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