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NY 873680


May 13, 1992

CLA-2-84:S:N:N1:103 873680

CATEGORY: CLASSIFICATION

TARIFF NO.: 8428.20.0010

Mr. Skip Espeseth
Norman G. Jensen, Inc.
P.O. Box 278
Portal, ND

RE: The tariff classification of pneumatic conveyors from Canada

Dear Mr. Espeseth:

In your letter dated April 17, 1992 on behalf of Blowhard Pneumatic Manufacturing Inc. you requested a tariff classification ruling.

With your inquiry you submitted brochures depicting three types of pneumatic conveyors used to unload and transport various granular materials such as cement, sand, salt, crushed rock and agricultural grains. The Blowhard mobile unit is a self- contained system intended to be mounted onto the bed of a light truck after importation. It includes a positive displacement blower and hydraulic pump which are powered from the truck's engine. This unit also includes an air inlet filter/silencer, hydraulic flow controller, electrical control panel, flexible conveyor tubing, and an injector. The injector is a lightweight wheeled unit which is connected to the blower and utilizes a screw to feed the granular material into the airstream so that it can be conveyed along through the tubing.

The Blowhard stationary pneumatic system consists of the injector unit, as well as a blower driven by a diesel engine or electric motor, air filter/silencer, fuel tank and hydraulic reservoir which are mounted onto a steel skid. The skid allows the unit to be picked up and moved about a plant by means of a forklift truck.

The Blowhard self-unloading trailer kit is used to unload and convey materials from truck trailers. It comes complete with its own blower, hydraulic system, air filter/silencer, and conveyor tubing and is powered from the truck's engine. The mobile injector can be stored in a compartment beneath the trailer and then manually wheeled under the trailer hopper valve or positioned at the trailer dump end prior to commencement of the unloading operation.

The applicable subheading for the Blowhard pneumatic conveyors described above 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 duty rate will be 2 percent ad valorem.

Goods classifiable under subheading 8428.20.0010, HTS, which have originated in the territory of Canada, will be entitled to a free 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

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