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NY 881484




Jan. 14, 1993

CLA-2-84:S:N:N1:103 881484

CATEGORY: CLASSIFICATION

TARIFF NO.: 8428.33.0000

Mr. Thomas A. Penksa
Ameri-Can Customshouse Brokers, Inc.
783 Busti Avenue
Buffalo, NY 14213

RE: The tariff classification of a sorting system from Canada

Dear Mr. Penksa:

In your letter dated December 23, 1992 on behalf of Industries Machinex Inc. you requested a tariff classification ruling.

The Machinex sorting system is used in the recycling or handling of waste paper, wood chips, or dry waste containing a mixture of glass, plastics, and paper. The system basically consists of an elevated sorting belt conveyor and an elevated platform with a stairway. The belt conveyor, which is available in five sizes varying from 35 to 71 inches in width, is driven by two heavy-duty chains with tubular cleats sliding on plastic strips for greater wear resistance. The platform is positioned alongside the conveyor so that workers can manually sort and remove unwanted materials from the waste stream carried along by the belt at a speed of 50 feet per minute. Wall-like supports hold the conveyor and platform aloft and also form bins into which the unwanted materials may be dropped. Optional belt conveyors for feeding the waste material to the sorting conveyor or transporting sorted waste may also be utilized in the system.

The applicable subheading for the Machinex sorting system, consisting of the elevated sorting belt conveyor together with its platform, stairway and supports, imported in a single shipment, 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 applicable subheading for the optional belt conveyors, whether imported separately or together with the Machinex sorting system, will also be 8428.33.0000, HTS. 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 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

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