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NY A85293




July 25, 1996

CLA-2-84:RR:NC:1:103 A85293

CATEGORY: CLASSIFICATION

TARIFF NO.: 8479.10.0080

Mr. J. M. Abrahams
Phil Patterson, Inc.
1209 Harney St., Suite 250
Omaha, NE 68102

RE: The tariff classification of a mobile asphalt feeding system from France

Dear Mr. Abrahams:

In your letter dated June 6, 1996 on behalf of Gomaco International you requested a tariff classification ruling.

The Franex F-392 mobile asphalt feeding system is used with an asphalt finisher during a paving operation. The system is composed of a pusher-feeder machine and a straddling hopper machine. The pusher-feeder is a self-propelled machine which constantly feeds the asphalt material to the straddling hopper. The pusher-feeder incorporates a front receiving hopper, into which the asphalt mixture is continuously dumped by a truck or similar vehicle, and a dual chain conveyor. The receiving hopper includes hydraulic rollers and an auger which assist in transporting the asphalt from the hopper to the conveyor. The body of the conveyor extends beyond the rear of the pusher-feeder machine, and can be positioned by means of a hydraulic cylinder so that the material flows into the straddling hopper.

The straddling hopper, as its name implies, straddles the front of the asphalt finisher machine. It is supported on four wheels and is pushed along by the asphalt finisher, to which it supplies the asphalt material. A central control station mounted on the pusher-feeder machine allows an operator to steer and operate the pusher-feeder while simultaneously viewing the finisher and straddling hopper and pushing the dump truck. The speed of the system is controlled either manually through a potentiometer, or automatically by means of an ultrasonic sensor which maintains a set distance between the pusher-feeder and the straddling hopper. The system has a maximum working speed of 25 meters per minute.

The applicable subheading for the pusher-feeder machine and the straddling hopper machine, whether imported together or separately, will be 8479.10.0080, HTS, which provides for machines and mechanical appliances having individual functions, not specified or included elsewhere (in chapter 84): machinery for public works, building or the like: other. The rate of duty will be 2.2 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Alan Horowitz at 212-466-5494.

Sincerely,

Roger J. Silvestri
Director

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