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NY N004535




December 21, 2006

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 8479.82.0080

Mr. Valery Zinger
Schenker, Inc.
Air Import
182-21 150th Avenue
Jamaica, NY 11413

RE: The tariff classification of a tumbler screening machine from Germany

Dear Mr. Zinger:

In your letter dated December 12, 2006 on behalf of Minox/Elcan Industries, Inc. you requested a tariff classification ruling.

The tumbler screening machines are designed to screen all powders and granular materials in the fine and ultra fine range. These machines can also be used to screen difficult materials. The basic motion of the machines is gyratory with the horizontal motion being similar to a plane sifter. The eccentricity can vary from 25 to 40mm. A three-dimensional tumbling motion, which is a mixture of plane and throw, is created. The screening material is uniformly distributed over the entire surface from the center to the periphery. The material travels in a spiral transport direction with the finer particles passing through the mesh holes in the center. The use of anti-blinding systems, such as balls, rotating brushes or air-jet nozzles, prevents blinding of the screen meshes.

In your letter, you indicate that your client will be using the machine to screen an absorbent substance to be used in the manufacturing of baby diapers. However, a review of the submitted brochure shows that the tumbler screening machines are not limited to this use. The machines can be used in a wide variety of industries such as chemicals, foodstuff, plastics, mining, pharmaceuticals, metallurgy and recycling.

The applicable subheading for the tumbler screening machines will be 8479.82.0080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter; parts thereof: Mixing, kneading, crushing, grinding, screening, sifting, homogenizing, emulsifying or stirring machines Other. The rate of duty will be Free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Patricia O’Donnell at 646-733-3011.

Sincerely,

Robert B. Swierupski
Director,

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