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NY G81510




September 14, 2000

CLA-2-84:RR:NC:1:103 G81510

CATEGORY: CLASSIFICATION

TARIFF NO.: 8431.39.0080

Mr. David J. Frederick
Svedala Bulk Materials Handling
4800 Grand Avenue
Pittsburgh, PA 15225-1599

RE: The tariff classification of an unassembled stacker reclaimer frame from China

Dear Mr. Frederick:

In your letter dated August 11, 2000 you requested a tariff classification ruling.

Your firm designs and builds radial stacker reclaimer machines used to handle bulk materials such as phosphate, coal, sulfur, fertilizer, limestone and wood chips. Radial stacker reclaimer machines incorporate large booms and conveyors to form the bulk material into stockpiles and reclaim the material from the stockpile.

According to your letter, your firm intends to design a radial stacker reclaimer machine and send engineering drawings for the machine’s frame to China. Based on your drawings the frame, basically consisting of a stacker gantry, tower, stacker boom, reclaim portal, main rake boom, and auxiliary rake boom, will be fabricated in China. Due to its large size, the frame will be shipped to the United States in 20 to 30 major pieces, along with several miscellaneous loose pieces. Once in the United States, the frame will be assembled and various mechanical and electrical components (such as motors, gears, bearings, reducers, chain sprockets, pulleys, idlers, and electrical wiring and controls) will be attached to form the complete machine. In your letter you stated that the steel frame can only be used as a component of the stacker reclaimer machine for which it is designed.

Assuming it is imported in a single shipment, the applicable subheading for the complete unassembled steel frame for a radial stacker reclaimer will be 8431.39.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for parts suitable for use solely or principally with the machinery of heading 8428: other: other: other (heading 8428 encompasses other lifting, handling, loading or unloading machinery). 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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