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NY B87973




August 18, 1997

CLA-2-84:RR:NC:1:103 B87973

CATEGORY: CLASSIFICATION

TARIFF NO.: 8479.10.0080; 9802.00.80

Mr. Veijo Tarnanen
Kalottikone Oy
20 Balsam Lane
Minneapolis, MN 55441

RE: The tariff classification of a cold stabilization remixer machine from Finland

Dear Mr. Tarnanen:

In your letter dated July 30, 1997 you requested a tariff classification ruling.

The Roadmix KM 3000 RS is a mobile, self-propelled machine used to recycle existing asphalt paving for the production of a new road surface. It basically consists of a long platform, mounted on a wheel and track base, on which are positioned the following units:

1. A hopper into which an additive material is dumped from a separate dump truck. The hopper incorporates a truck hitch, allowing the entire machine to be towed to the work site.

2. A hydraulic belt conveyor for moving the additive into a mixer or onto the road surface.

3. A binder tank equipped with a heating system and dosage pumps to feed the binder into a milling unit or into a mixing unit.

4. A milling unit which grinds away the old asphalt road surface. The milling depth can be manually or automatically set from 0 to 280 millimeters. This unit also contains binder spraying nozzles.

5. A mixer equipped with two hydraulic motors and a binder spraying nozzle, which is used to mix the old asphalt material milled from the roadway, the binder, and the additive material into a homogenous mixture.

6. Distribution screws which lay the homogenous mixture onto the milled roadway behind the milling unit.

7. A tamping screed with an automatic heating system to level the homogenous mixture to the correct thickness, thus producing the new road surface.

Cars can move along the new road surface immediately after it undergoes compaction by a separate road roller which follows behind the Roadmix machine. The milling unit and tamping screed have a working width which can be adjusted between 2.85 and 4.50 meters. The entire KM 3000 RS cold stabilization remixer machine is approximately 19.46 meters in length, weighs 66 tons, and has a maximum operating speed of 16 meters per minute.

The applicable subheading for the Roadmix KM 3000 RS machine will be 8479.10.0080, Harmonized Tariff Schedule of the United States (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 1.5 percent ad valorem.

In your letter you also stated that the main engine and other components of an imported Roadmix machine will be of American origin. For your information, subheading 9802.00.80, HTS, provides a partial duty exemption for articles assembled abroad in whole or in part of fabricated components, the product of the United States, which (a) were exported in condition ready for assembly without further fabrication, (b) have not lost their physical identity in such articles by change in form, shape, or otherwise, and (c) have not been advanced in value or improved in condition abroad except by being assembled and except by operations incidental to the assembly process such as cleaning, lubricating, and painting.

All three requirements of subheading 9802.00.80, HTS, must be satisfied before a component may receive a duty allowance. An article entered under subheading 9802.00.80, HTS, is subject to duty upon the full value of the imported assembled article less the cost or value of such U. S. components, upon compliance with the documentary requirements of section 10.24 of the Customs Regulations (19 CFR 10.24).

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,

Robert B. Swierupski
Chief, Metals & Machinery Branch

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