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NY D82798




October 15, 1998

CLA-2-84:RR:NC:1:103 D82798

CATEGORY: CLASSIFICATION

TARIFF NO.: 8412.39.0040; 8479.89.9795

Mr. Herbert William Julich
Delmar International Inc.
147-55 175th Street
Jamaica, NY 11434

RE: The tariff classification of vibrator motors from the Netherlands

Dear Mr. Julich:

In your letter dated September 21, 1998 on behalf of Renold Inc. you requested a tariff classification ruling.

With your inquiry you submitted a brochure describing pneumatic and electric vibrator motors. These motors utilize an eccentric disc fitted to the protruding end of the motor shaft to generate vibrations which are transmitted to an apparatus to which the vibrator motor is attached. The vibrator motors will be affixed to hoppers, silos, conveyors and similar machinery to assist in compressing, transporting, and unloading bulk materials. The series BG vibrator motors are operated pneumatically, while the K, KC, KBG, and KHF series of vibrator motors are electrically powered.

The vibrator motors are not weight-operated; rather, the disc weight is used to generate the vibrations. Accordingly, they cannot be classified in the provision for weight-operated motors in subheading 8412.80.10, Harmonized Tariff Schedule of the United States (HTS), as you suggested in your letter.

The applicable subheading for the BG series of vibrator motors will be 8412.39.0040, HTS, which provides for pneumatic power engines and motors: other: unlimited rotary acting. The rate of duty will be 0.7 percent ad valorem.

The applicable subheading for the series K, KC, KBG, and KHF vibrator motors will be 8479.89.9795, HTS, which provides for machines and mechanical appliances having individual functions, not specified or included elsewhere (in chapter 84): other machines and mechanical appliances: other: other: other: industrial vibrators. The rate of duty will be 2.7 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,

Robert B. Swierupski
Director,

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