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May 17, 1999

CLA-2-84:RR:NC:1:103 E81516

CATEGORY: CLASSIFICATION

TARIFF NO.: 8428.39.0000

Mr. Peter D. Alberdi
A.J. Arango, Inc.
PO Box 75062
Tampa, FL 33675-5062

RE: The tariff classification of a chain conveyor from Japan

Dear Mr. Alberdi:

In a letter on behalf of Tampa Electric Co. received by this office on April 29, 1999 you requested a tariff classification ruling.

According to a brief description of this machine provided by your client, the drag flight chain conveyor will be used to transport and dewater a coal slag slurry which is produced as a by-product of a coal gasification process at an electric power generating plant. When fully assembled the conveyor will essentially consist of a box-like structure approximately 11 feet wide by 10 feet high (at its larger end), and which tapers down along its 53 foot length. It will receive the wet coal slag slurry at its inlet (larger) end and discharge the dewatered material at its outlet (smaller) end. The unitÂ’s conveying components and chain drives will be housed internally, while its drive motor will be externally situated. For purposes of this ruling, we assume this conveyor will be imported in a single shipment.

The applicable subheading for the unassembled chain conveyor, imported in a single shipment, will be 8428.39.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other lifting, handling, loading or unloading machinery: other continuous-action elevators and conveyors, for goods or materials: other. The rate of duty will be free.

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 212-637-7027.

Sincerely,

Robert B. Swierupski
Director,

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