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NY 873896


May 11, 1992

CLA-2-84:S:N:N1:103 873896

CATEGORY: CLASSIFICATION

TARIFF NO.: 8428.90.0090

Mr. Brian Whipple
The Aamalgamated Sugar Company
P.O. Box 1520
Ogden, UT 84402

RE: The tariff classification of a palletizing system from Germany

Dear Mr. Whipple:

In your letter dated April 20, 1992 you requested a tariff classification ruling.

Your firm intends to import a palletizing system composed of an automatic palletizer, an empty pallet magazine dispenser and a pallet transport conveyor. The Kettner universal palletizer will be used to stack bags of sugar weighing 4, 5, or 10 pounds onto pallets. It incorporates an infeed conveyor and a turning device which is used to vary the stacking pattern and ensure the bottom of each bag faces the outside of the pallet. A programmable logic controller allows the operator to choose the stacking program as well as control layering and layer height. The empty pallet magazine dispenser holds 12 - 15 pallets and releases them one at a time on demand to the palletizer. The pallet transport conveyor contains driven roller segments and an end stop, and is used to move a loaded pallet to a forklift dock.

The applicable subheading for the above palletizing system, imported in a single shipment, 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: other: other. 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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