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NY E87152




September 28, 1999

CLA-2-84:RR:NC:1:103 E87152

CATEGORY: CLASSIFICATION

TARIFF NO.: 8412.29.8075; 8424.89.7090; 8426.11.0000; 8428.39.0000; 8428.90.0090; 8443.51.5000; 8464.90.9090; 8479.89.9797; 8537.10.9060

Ms. Sheri G. Lawson
PBB Global Logistics
434 Delaware Avenue
Buffalo, NY 14202

RE: The tariff classification of pipe and pallet handling systems from Austria

Dear Ms. Lawson:

In your letter on behalf of Sherman-Dixie Concrete which was received by us on September 8, 1999 you requested a tariff classification ruling.

Your client intends to import various machines and equipment for upgrading an existing concrete pipe production line. The articles will be imported in seven separate shipments over the course of several months, with the final shipment containing the following pallet and pipe handling and cleaning machinery: a transexact automatic handling and demolding system, an automatic setring removal system, and an automatic handling and depalletizing system with automatic pallet cleaning and oiling machines (a Cage Master system, which will also be included in this final shipment, was the subject of Ruling Letter NY E85414 dated Aug. 26, 1999).

The transexact automatic handling and demolding system is designed to transport and demold uncured concrete pipes ranging from 12 inches to 54 inches in diameter. The system basically consists of a twin girder overhead crane, a crane trolley and hoisting gear, an automatic lifting and handling device for the mold and pipe, a double-sided craneway composed of flat-rolled steel sections with welded crane rails and an electric current supply system, and the steel structure for supporting the craneway. The system automatically picks up an external mold containing an uncured concrete pipe, rotates it to a vertical position, and transports it to a moving floor system (which will carry the pipe into a kiln). After the external mold is pneumatically unlatched, the crane lifts the mold and carries it back to the pipe production machine. Here the mold is lowered over a reinforcement cage and mold base in preparation for molding of the next pipe.

The automatic setring removal system automatically lifts a setring (used to maintain the bell-shaped end of the pipe) from the pipe before it enters the kiln. The setring is carried back to a worker who will manually place it onto a newly molded pipe.

The automatic handling and depalletizing system is used to separate the pipe from the bottom mold (known as a pallet) after kiln hardening. It is similar to the automatic handling and demolding system in that it basically consists of an overhead crane with its trolley and hoisting gear, an automatic lifting and handling device, and steel craneway. In addition, the system will consist of the following ancillary machinery: a depalletizing station, hydraulic pallet ejectors, a pallet cleaning station, a pallet oiling station, a pallet stacker unit and automatic pallet storage magazines, a pallet feeding system, a pipe outfeed conveyor, a pipe marking station, a pipe deburring unit, and central hydraulic and control systems. After hardening in the kiln, the combination pipe and pallet is picked up by the crane and placed in the depalletizing station. Hydraulic clamps in the depalletizer station hold the pallet while the crane lifts off the pipe, rotates it back to a horizontal position, and places it on the outfeed conveyor. The conveyor first transports the pipe to the marking station, where an ink-jet printer featuring a 2 x 7 or 1 x 16 array of ink nozzles marks the outer surface of the pipe with trademark and standard information, as well as its size and the date. The conveyor then transports the pipe to the automatic deburring unit, where hardened rollers remove any burrs from the pipe socket and spigot end. The pipe is then conveyed out of the plant to a storage and loading area.

After removal of the pipe, the pallet is hydraulically ejected into the cleaning station. This station utilizes four electrically powered rotating brushes and a spring scraper tool to scrub off any bits of hardened concrete which may remain on the pallet. The cleaned pallet is then oiled by means of two rotating nozzles, and the hydraulic pallet ejector transfers it to a pallet stacking unit which places the various sized pallets onto the pallet magazine. When needed, cleaned pallets are removed from the magazine by the pallet handling crane and placed on the pallet feeding system which transports them to the Cage Master system and then on to the pipe production machine.

In addition to the above machinery, a central hydraulic system which will be used to supply hydraulic power to the various hydraulically-operated machines, as well as a freely programmable central control system which will be used to control the operations of the machinery, will also be imported.

The applicable subheading for the automatic handling and demolding system and the automatic handling and depalletizing system, which basically consist of an overhead crane, crane trolley and gearing, lifting and handling device, controller, craneway and craneway support will be 8426.11.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for overhead traveling cranes on fixed support. The rate of duty will be free.

The applicable subheading for the automatic setring removal system, as well as the functional unit formed by the depalletizing station, hydraulic pallet ejectors, pallet stacker unit and pallet magazine, and pallet feeding system, will be 8428.90.0090, HTS, which provides for other lifting, handling, loading or unloading machinery: other machinery: other: other. The rate of duty will be free.

The applicable subheading for the pipe outfeed conveyor will be 8428.39.0000, HTS, which provides for other continuous-action elevators and conveyors, for goods or materials: other. The duty rate will again be free.

The applicable subheading for the cleaning station will be 8479.89.9797, 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: other. The rate of duty will be 2.5 percent ad valorem.

The applicable subheading for the oiling station will be 8424.89.7090, HTS, which provides for mechanical appliances (whether or not hand operated) for projecting, dispersing or spraying liquids or powders: other appliances: other: other: other. The rate of duty will be 1.8 percent ad valorem.

The applicable subheading for the ink-jet marking station will be 8443.51.5000, HTS, which provides for printing machinery, including ink-jet printing machines: other printing machinery: ink-jet printing machinery: other. The rate of duty will be free.

The applicable heading for the automatic deburring unit will be 8464.90.9090, HTS, which provides for machine tools for working concrete: other: other: other. The rate of duty will be 2 percent ad valorem.

The applicable subheading for the central hydraulic system will be 8412.29.8075, HTS, which provides for hydraulic power engines and motors: other: other: other. The rate of duty will be free.

Finally, the applicable subheading for the central control system will be 8537.10.9060, HTS, which provides for boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of heading 8535 or 8536, for electric control or the distribution of electricity, including those incorporating instruments or apparatus of chapter 90, and numerical control apparatus, other than switching apparatus of heading 8517: for a voltage not exceeding 1,000 V: other: other: programmable controllers. The duty rate 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 212-637-7027.

Sincerely,

Robert B. Swierupski
Director,

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