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NY B85655




June 9, 1997

CLA-2-89:RR:NC:MM:106 B85655

CATEGORY: CLASSIFICATION

TARIFF NO.: 8907.90.0090; 8428.90.0090

Mr. Roy Hines
Feeding Systems Canada
6296 Cherry Creek Road, S-228 C-6
Port Alberni, BC, V9Y 7L6 Canada

RE: The tariff classification of a floating feed silo from Estonia and a fish feeding system from Norway

Dear Mr. Hines:

In your letter dated May 14, 1997 and additional correspondence dated June 1, 1997, you requested a tariff classification ruling. You submitted descriptive literature with your request.

Your request concerns various configurations of a fish feeding system, some land-based, others water-based. All systems feature a steel feed storage silo, ranging in size from a 6-foot 1-ton capacity open container to a 250-ton capacity semi-submersible floating silo referred to as a Cone Barge. The Cone Barge may be from Estonia or from Canada and may be imported with or without the balance of the feeding system. After transportation to the feeding site, the Cone Barge is permanently anchored to the waterbed.

The balance of the feeding system consists of an auger conveyor and hopper system,, air blower system, main feeding delivery pipe, and distribution valve, as well as a control cabinet. You refer to a complete system as a "fully automated centralized pneumatic feeding system" which distributes feed from a central location to one or more field locations by means of blown air that carries feed pellets through plastic feed pipes for distribution to a fish population. A complete system, other than in the Cone Barge configuration, may be positioned on land, carried on a barge or a boat, and may be contained in a single frame or may be positioned as separate components.

The applicable subheading for the Cone Barge feed storage silo, with or without the balance of the fish feeding system, will be 8907.90.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for other floating structures. The general duty rate will be 1.5 percent ad valorem.

The applicable subheading for a complete fish feeding system consisting of one or more feed storage silos mounted in a frame with the balance of the feeding system described above, 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. The general rate of duty will be 0.8 percent ad valorem.

The classification of the components of fish feeding systems in configurations other than as classified above will be dependent upon the particular configuration. Additional information on these configurations would be required in order to issue a binding ruling on them.

The Generalized System of Preferences (GSP) expired at midnight May 31, 1997. If the program is renewed by Congress, articles classifiable under subheading 8907.90.0090, HTS, from Estonia will be entitled to duty free treatment under the GSP upon compliance with all applicable regulations.

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 Patrick J. Wholey at 212-466-5668.

Sincerely,

Robert B. Swierupski
Chief, Metals & Machinery Branch

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