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NY I85451




September 13, 2002

CLA-2-84:RR:NC:1:103 I85451

CATEGORY: CLASSIFICATION

TARIFF NO.: 8428.33.0000

Mr. Richard Tinelli
Mastercargo Inc.
161-15 Rockaway Blvd.
Jamaica, NY 11434

RE: The tariff classification of conveyors from Germany

Dear Mr. Tinelli:

In your letter dated July 30, 2002 on behalf of NSM Magnettechnik USA you requested a tariff classification ruling.

Your inquiry was accompanied by a sales brochure which depicted various automated belt conveyor systems for transporting metal sheet blanks. While the sales brochure provides general information about the belt conveyors, it does not provide specific model numbers or detailed information as to the physical composition of the units or their method of operation. The conveyors pictured in the brochure utilize a series of narrow belts to move and stack the blanks. Some may incorporate suction or magnetic units which pick up individual blanks from a stack and place them onto the conveyor. The conveyors are apparently intended for use in conjunction with shearing machines, cutting or extrusion presses, and other machines. For purposes of this ruling, we assume the belt conveyors will be imported separately from the machines with which they will operate.

The applicable subheading for the belt conveyors will be 8428.33.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other lifting, handling, loading or unloading machinery: other continuous-action elevators and conveyors, for goods or materials: other, belt type.. The rate of duty will be free.

Your inquiry does not provide enough information for us to give a classification ruling on the automated machines which do not utilize belts. Your request for a classification ruling should include a detailed description of the method of operation of each machine, along with the machine’s specifications. 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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