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NY L84623





May 27, 2005

CLA-2-84:RR:NC:1:102 L84623

CATEGORY: CLASSIFICATION

TARIFF NO.: 8485.90.0080

Mr. Thomas A. Penksa
Trade and Regulatory Services Department
PBB Global Logistics, Inc.
Tonawanda P.O. Box 950
Buffalo, NY 14213-0950

RE: The tariff classification of cable and hose carriers of unspecified origin

Dear Mr. Penksa:

In your letter dated March 24, 2005 you requested a tariff classification ruling on behalf of your client Husky Injection Molding Systems.

The articles in question are described as “Energy Chain” cable carriers used to protect, support and extend the service life of the cables and hoses used on machinery, including injection-molding equipment. The Energy Chain carriers are available in various styles and sizes, and are designed to protect moving cables and hoses on automated equipment. You indicate that the carriers are necessary to the proper operation of the machinery on which they are used. The carriers separate hose and cables to maintain their alignment and prevent excessive wear. Descriptive literature was submitted.

In your request you offer heading 8536, Harmonized Tariff Schedule of the United States (HTSUS), which provides for electrical apparatus, as a possible provision for the carriers. However, while the carriers may be used to carry electrical cables, the carriers in and of themselves do not have any electrical features and are also used to carry the non-electrical hoses that provide fluid connections within machinery. Accordingly, we find that the subject cable and hose carriers are not fully described by the terms of HTSUS heading 8536.

The applicable subheading for the Energy Chain carriers will be 8485.90.0080, HTSUS, which provides for machinery parts, not containing electrical connectors, insulators, coils, contacts or other electrical features, and not specified or included elsewhere in chapter 84. The rate of duty will be 3.9 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 Kenneth T. Brock at 646-733-3009.

Sincerely,

Robert B. Swierupski
Director,

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