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NY C81303





November 25, 1997

CLA-2-84:RR:NC:1:103 C81303

CATEGORY: CLASSIFICATION

TARIFF NO.: 8428.90.8085; 7308.90.9590

Mr. Rene G. Jarantilla
Arjent Technologies
PO Box 901
Artesia, CA 90702-0901

RE: The tariff classification of loading arms and folding stairs from Holland

Dear Mr. Jarantilla:

In your letter dated October 28, 1997 you requested a tariff classification ruling.

Kanon articulated loading arms are used at marine, truck and railcar terminals for loading bulk liquid materials into a tanker vehicle. They may be manually, pneumatically or hydraulically operated, and incorporate a counterweight balance system so that the arm can be easily maneuvered into position. In addition, they can be provided with an emergency release system which automatically raises the arm and seals off the flow after disconnection. The arms are normally made of carbon, stainless or low temperature steels, and feature PTFE or rubber linings. They have a temperature range of -200 degrees C. to 300 degrees C., and may be shipped with or without swivel joints. Several types of arms are available for both top and bottom loading operations.

Kanon folding stairs are placed between a loading platform and a truck or railcar tanker so that operating personnel can gain safe access to the top of the tanker during the loading operation. They are available with 3, 4, or 5 anti-slip self leveling steps, are equipped with a handrail, and are spring balanced so they can be manually retracted after loading is completed. They are made of steel, and are fitted with maintenance free plastic bearings at all rotation points.

The applicable subheading for the loading arms, with or without swivel joints, will be 8428.90.8085, Harmonized Tariff Schedule of the United States (HTS), which provides for other lifting, handling, loading or unloading machinery: other machinery: other: other. The current duty rate is 0.8 percent ad valorem.

The applicable subheading for the folding stairs will be 7308.90.9590, HTS, which provides for other structures and parts of structures. The current rate of duty is 4 percent ad valorem. Your inquiry does not provide enough information for us to give a classification ruling on swivel joints and couplers when imported separately. Your request for a classification ruling on these articles should include the following information:

1. Descriptive literature/photographs which clearly illustrate these items;

2. An explanation as to how they function and what they connect;

3. An indication of the other materials, besides steel, of which they may be composed;

4. A statement as to whether the steel products are made by casting or forging.

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
Director,

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