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NY F89215




July 28, 2000

CLA-2-84:RR:NC:MM:106 F89215

CATEGORY: CLASSIFICATION

TARIFF NO.: 8419.89.9040

Ms. Connie Braverman
CBI Customs Brokers
5777 West Century Blvd., Suite 535
Los Angeles, CA 90045

RE: The tariff classification of cooler tubes for cement making plant from Spain

Dear Ms. Braverman:

In a letter dated June 28, 2000, on behalf of your client Calaveras Cement Co., you requested a tariff classification ruling. You included descriptive literature and drawings with your request.

The cooler tubes are 3 feet in diameter and 30 feet in length and made of specially tempered steel. The interior of the tubes is fitted with a range of internals for breaking up cement clinker fed to the tubes from a kiln, around which the tubes are arrayed. In operation, raw material is ground to a powder and pre-heated before being deposited into a kiln. The kiln has a diameter of 14 feet and is approximately 400 feet in length. The kiln is rotated to mix and expose the materials to melting temperatures. The kiln is slopped downhill to move the material toward the cooler tubes. As the material moves down the kiln, it melts and forms clinker, of various sizes. This semi-molten material falls through ports in the kiln into the cooling tubes which are structured with internal fittings which pulverize the clinker in order to better reduce the temperature of the clinker as it moves through the tubes. High speed air is blown through the cooler in the opposite direction of the material flow to further cool the clinker before it is removed as the end of the tube for storage.

The applicable subheading for the cooler tubes will be 8419.89.9040, Harmonized Tariff Schedule of the United States (HTS), which provides for other machinery and plant designed for cooling, other. The rate of duty will be 4.2 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 Patrick J. Wholey at 212-637-7036.

Sincerely,

Robert B. Swierupski
Director,

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