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NY I86683




October 4, 2002

CLA-2-84:RR:NC:MM:106 I86683

CATEGORY: CLASSIFICATION

TARIFF NO.: 8438.90.9030

Mr. Alan Ruddell
Albanese Confectionery Group
1910 W. 81st Avenue
Merrillville, IN 46410

RE: The tariff classification of trays for confectionery machinery from Australia

Dear Ruddell:

In your letter dated September 10, 2002 you requested a tariff classification ruling. You included descriptive literature with your request.

The merchandise at issue is described by you as "Mogul Starch Trays", which are said to be custom-designed for certain starch process confectionery manufacturing machinery and are used in the conveying, molding and curing of gel-based confections. The trays are made of compression-molded polyester with fiberglass reinforcement. Their dimensions are 820mm (L) x 400mm (W) x 48mm (H). Each tray weighs approximately 6.75 pounds.

The applicable subheading for the "Mogul Starch" trays will be 8438.90.9030, Harmonized Tariff Schedule of the United States (HTS), which provides for parts of machinery for the manufacture of confectionery, cocoa or chocolate. 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 Patrick J. Wholey at 646-733-3013.

Sincerely,

Robert B. Swierupski
Director,

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