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NY E89459




November 26, 1999

CLA-2-84:RR:NC:1:103 E89459

CATEGORY: CLASSIFICATION

TARIFF NO.: 8428.90.0090

Mr. John Wolper
Kaerntner Group, Inc.
PO Box 771
Kimberton, PA 19442

RE: The tariff classification of hydraulic loaders from Germany

Dear Mr. Wolper:

In your letter dated October 15, 1999 you requested a tariff classification ruling.

Kuepper-Weisser hydraulic loaders are used to load road spreader units or dump trucks with salt, sand, or similar road anti-skid materials. The loaders basically consist of a four-wheeled chassis, a hydraulically driven inclined belt conveyor, an auger, and a control panel. The auger unit is located at the lower end of the conveyor and ensures a continuous pickup of material from a pile. Buckets located between the spirals of the auger catch the material and empty it into a charging box from which it is picked up by the conveyor. The height adjustable belt conveyor itself is 7.5 meters in length, moves at 2.9 meters per second, and features a U-cleat profile to prevent the material from sliding back down the belt. Model LG-EH-1-B 95G incorporates a swiveling chute at the upper end of the conveyor which ensures that the material is distributed evenly to all corners of the spreader or truck bed. In the model LG-EH-2-B 95G the chute is replaced by a second, smaller belt conveyor so that the loader can be used to heap bulk materials into a pile either in a storage building or outside. Both loader models travel at a rate of 1 kilometer per hour, or can be towed at up to 6 kilometers per hour. Depending on the material, they are capable of loading at a rate of 70 – 90 tons per hour.

The applicable subheading for the hydraulic loaders will be 8428.90.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for other lifting, handling, loading or unloading machinery: other machinery: other: 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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