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NY H87937




February 21, 2002

CLA-2-84:RR:NC:1:103 H87937

CATEGORY: CLASSIFICATION

TARIFF NO.: 8479.89.9897; 8413.60.00

Mr. Ted Clemens
General Machine Products Co., Inc.
3111 Old Lincoln Highway
Trevose, PA 19053-4996

RE: The tariff classification of a fiber optic cable blowing machine and a hydraulic power pack from the United Kingdom

Dear Mr. Clemens:

In your letter dated January 23, 2002 you requested a tariff classification ruling.

Descriptive literature submitted with your inquiry indicates the cable blowing machine employs compressed air and hydraulics to propel fiber optic cable through ducts ranging in size from 25 to 63 millimeters. The machine basically consists of a tubular steel wheeled trolley on which is mounted an aluminum air box, an aluminum cable pusher, and an electronic monitoring system. The compressed air is fed into the duct via a venturi principle, thus providing a uniform distribution of force along the cable length. Cable movement is also controlled by a hydraulically powered belt system which enables both smooth control and cable position monitoring. The monitoring system provides a read out of speed and distance, protects against duct obstructions, and includes an emergency stop feature. The cable blowing machine is capable of installing fiber optic cable ranging from 12 millimeters to 32 millimeters in diameter at speeds up to 90 meters per minute.

The hydraulic power pack is a separate machine which is designed to work exclusively with the cable blowing machine. It is mounted on its own wheeled trolley and includes two hydraulic hoses with quick release couplings, each 7 meters long, allowing it to be connected to a separate compressor as well as to the cable blower. The unit is powered by an air-cooled, 6 horsepower gasoline engine and incorporates a hydraulic tank with a capacity of 4.8 gallons. The power pack is capable of delivering 3.3 gallons of oil per minute at pressures up to 1750 pounds per square inch.

In your letter you stated that these machines are used by “public utilities such as phone companies” and thus suggested that they may be classifiable in subheading 8479.10.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for machines and mechanical appliances having individual functions, not specified or included elsewhere (in chapter 84): machinery for public works, building or the like: other. Public works consist of projects, such as highways, dams, and bridges, which are financed by public funds and are for use by the general public. The installation of fiber optic cable by a telephone company is not a public works. Thus these goods cannot be classified in subheading 8479.10.0080, HTS.

The applicable subheading for the cable blowing machine will be 8479.89.9897, Harmonized Tariff Schedule of the United States (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 duty rate will be 2.5 percent ad valorem.

The applicable subheading for the hydraulic power pack will be 8413.60.00, HTS, which provides for pumps for liquids, whether or not fitted with a measuring device: other rotary positive displacement pumps. The rate of duty will be free.

Your inquiry does not provide enough information for us to give a classification ruling on parts of these machines. Your request for a classification ruling should include a complete description of each part, including the material of which it is made, its function, and its method of operation. Please note that any such ruling request should be limited to a maximum of five parts. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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 646-733-3010.

Sincerely,

Robert B. Swierupski
Director,

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