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NY L87666




October 11, 2005

CLA-2-84:RR:NC:1:104 L87666

CATEGORY: CLASSIFICATION

TARIFF NO.: 8479.89.9897; 8705.90.0000

Ms. Joan Studeny
GHY USA Inc.
572 South Fifth Street
Pembina, ND 58271

RE: The tariff classification of industrial waste processors from Canada

Dear Ms. Studeny:

In your letter dated September 7, 2005 on behalf of Supreme International Ltd. of Wetaskiwin, AB, Canada you requested a tariff classification ruling.

Literature has been provided for the Enviro Processor, Industrial Series Processing Equipment. Every Enviro Processor is equipped with a vertical auger to cut and mix materials such as green waste, vegetable waste, biosolids, animal mortalities and wood waste in any combination. Single auger mixers range in size from 300 to 700 cu. ft. and twin auger mixers from 600 to 1400 cu. ft. The literature indicates that bolt on serrated cutting blades are mounted on the augers of all Supreme Enviro Processors and that all of these processors also have scales to weigh materials loaded or discharged. You state that the primary users of Supreme Enviro mixers are municipalities. Industrial waste processing companies also use these processors however agricultural use is very limited.

There are three types of processors available: Pull Type, Stationary and the more mobile Truck Mounted Units. The Stationary units are equipped with an end door and fixed chute for easy unloading and are operated by electric or diesel power. The Pull Type units (shown pulled by a tractor in the literature) feature a two-stage planetary drive, a heavy duty gearbox, heavy duty tubular steel frames and a load carrying flotation tire package. The Truck Mounted Unit will be imported mounted to a truck. Features include 100% hydrostatic drive (displacement hydraulic pumps and motors), twin augurs and a cleated belt conveyor. The tub and augurs are made of high tensile steel.

The applicable subheading for the Stationary and Pull Type Enviro Processors will be 8479.89.9897, Harmonized Tariff Schedule of the United States (HTS), which provides for machines and mechanical appliances having individual functions, not specified or included elsewhere (in chapter 84): other machines and mechanical appliances: other: other: other: other. The rate of duty will be 2.5 percent.

The applicable subheading for the Truck Mounted Enviro Processors will be 8705.90.0000, HTS, which provides for special purpose motor vehicles, other than those principally designed for the transport of persons or goods (for example, wreckers, mobile cranes, fire fighting vehicles, concrete mixers, road sweepers, spraying vehicles, mobile workshops, mobile radiological units): Other. The rate of duty will be free.

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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