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NY I81183




May 21, 2002

CLA-2-84:RR:NC:1:103 I81183

CATEGORY: CLASSIFICATION

TARIFF NO.: 8431.39.0010; 8483.50.9080

Ms. Vickie S. Leavens
ABX Logistics, USA
11050 Wayne Road, Ste. 190
Romulus, MI 48174

RE: The tariff classification of conveyor components from an unspecified country

Dear Ms. Leavens:

In your letter dated April 22, 2002 on behalf of Jervis B. Webb Worldwide Company you requested a tariff classification ruling.

With your inquiry you submitted drawings and brief written descriptions of 5 articles which are used as components of airport baggage handling or parcel handling conveyors. For purposes of this ruling, we are assuming these items are made in a country entitled to the General rates of duty listed in the Harmonized Tariff Schedule of the United States (HTS). The specific items you inquired about are:

Slider bed assembly (drawing 507-XXXX-0YY) – an assembly basically consisting of a roller in a frame with attached sideguards. The top surface of the slider bed supports and guides the conveyor belt, the sideguards prevent an object from falling off the belt, and the roller guides the return of the belt.

Drive and take-up assembly (drawing 525-0000-XXX) – an assembly which houses the pulleys which drive a conveyor belt, usually used with a conveyor having a length of 25 feet or greater. Within the assembly is a drive pulley, take-up pulley, snub pulley, and the bearings which are mounted in the pulleys and which support them and allow them to rotate. The drive pulley moves the conveyor belt, the take-up pulley maintains belt tension, and the snub pulley guides the belt on its return leg.

End bracket driven with snub (drawing 532-0000-XXX) – an assembly which basically houses the pulleys used to move a conveyor belt over 25 feet in length. The unit essentially consists of a drive pulley, snub pulley, and their associated bearings. The drive pulley moves the belt, while the snub pulley guides the belt on its return.

2-pulley positively tracked queue conveyor assembly (drawing 537-5XXX-0YY) – an assembly consisting of a frame on which is mounted an endless conveyor belt with a drive pulley at one end and a rotating pulley at the other end. It is a conveyor component which is used to transport an object for a short period of time (usually less than 1 second).

45-degree merge assembly (drawing 552-390X-045) – an assembly of a frame, pulleys, and a conveyor belt which is used to transfer an object from one conveyor belt to another belt which is positioned at a 45 degree angle.

The applicable subheading for the slider bed assembly, 2-pulley positively tracked queue conveyor assembly, and 45-degree merge assembly will be 8431.39.0010, HTS, which provides for parts suitable for use solely or principally with the machinery of heading 8428: other: of elevators and conveyors. The rate of duty will be free.

However, the drive and take-up assembly and the end bracket driven with snub assembly, which are simply assemblies of pulleys, cannot be classified in subheading 8431.39.0080, HTS, as you suggested. Note 2(a) to Section XVI, HTS, states that parts which are goods included in any of the headings of chapter 84 or 85.are in all cases to be classified in their respective headings. Pulleys are goods included in heading 8483, HTS. Accordingly, the applicable subheading for the drive and take-up assembly, and the end bracket driven with snub assembly, will be subheading 8483.50.9080, HTS, which provides for flywheels and pulleys, including pulley blocks: other: other: other. The rate of duty will be 2.8 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 646-733-3010.

Sincerely,

Robert B. Swierupski
Director,

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