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NY K81066




December 9, 2003

CLA-2-84:RR:NC:1:104 K81066

CATEGORY: CLASSIFICATION

TARIFF NO.: 8423.20.0000

Mr. Joseph Del Guidice
IAI International Automation Inc.
Box 7004
Oakland, NJ 07436-7004

RE: The tariff classification of beltweighers from Germany

Dear Mr. Del Guidice:

In your letter dated November 18, 2003 you requested a tariff classification ruling.

The Boekels Beltweighers utilize overload-immune strain gauge load cells to continuously weigh products on a moving conveyor. Handled volumes, flow rates (% or kg/h), belt speed, conveyor load, etc. are monitored for bulk goods. Areas of application include bulk goods in the construction material and cement industry, mining, coal/steel/iron sector, the chemicals industry and food processing.

The applicable subheading for the Boekels Beltweighers will be 8423.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Weighing machinery (excluding balances of a sensitivity of 5 cg or better), including weight-operated counting or checking machines; weighing machine weights of all kinds; parts of weighing machinery: Scales for continuous weighing of goods on conveyors. The duty rate will be 2.9 percent ad valorem.

Along with the Boekels Beltweighers, you also inquired about the Boekels Checkweighers which you describe as constant weigh scales that discharge a predetermined weight into reject bins or other containers. Your inquiry does not provide enough information for us to give a classification ruling on the Boekels Checkweighers. Your request for a classification ruling should include a detailed description of the Checkweighers’ method of operation. Explain how Checkweighers distinguish between acceptable and unacceptable/defective products. How are the unacceptable products sorted and/or rejected? Does a Checkweigher utilize some type of pusher arm which sorts products into various bins? Does a Checkweigher feature both a weigh belt and a granite sliding table or is a Checkweigher limited to one configuration only, e.g., weigh belt only? When using the granite sliding table are the products placed manually on the table or is there a conveyor belt located on each side of the granite sliding table? When using the granite sliding table, is the weighing continuous or are there brief intervals when the belt stops as the product is checked on the granite sliding table? What is the purpose behind the “sliding” movement? Is this used to reject unacceptable products? Is the display and operator’s station merely mounted on top of the Checkweigher by means of bolts, etc.? Do all the Checkweighers include metal detectors? Is the metal detector an option? Include information on the metal detector.

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 Robert Losche at 646-733-3011.

Sincerely,

Robert B. Swierupski
Director,

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