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NY N024782




March 31, 2008

CLA-2-84:OT:RR:NC:N1:106

CATEGORY: CLASSIFICATION

TARIFF NO.: 8428.39.0000

Mr. Thomas Singer
Franklin Traffic Services, Inc.
P.O. Box 100
Ransomville, NY 14131

RE: The tariff classification of an overhead chain type conveyer system from Canada.

Dear Mr. Singer:

In your letter dated March 17, 2008 on behalf of the Jervis B. Webb Company of Canada, you requested a tariff classification ruling. You included technical information, drawings, photos and schematics, as well as a CD-R with the information.

The merchandise at issue is referred to as a chain type conveyor system. The system is designed to be installed in factories where the assembly of large parts and components is aided by their movement on a conveyor, mounted overhead, from which the components and parts are suspended. You state in your request that in some cases, a complete system, if small, can be imported complete with all parts and components necessary for assembly on site. In other instances, the system can be immense and require importation of the parts and components in separate shipments over a number of months which are coordinated as needed for assembly on site. The system consists primarily of rails, rollers and chains to form the assembly line pattern which in turn move various hooks, clamps and supports which can be loaded with appropriate components for the assembly of goods in a factory. The system is powered by an electric motor.

The applicable subheading for the chain type conveyor system if imported with all necessary parts and components together will be 8428.39.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other lifting, handlingmachinery: other continuous-actionconveyors, for goods or materials: other. The general 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/.

Your inquiry does not provide enough information for us to give a classification ruling on the system components and parts if imported separately as you state the case would be for a prolonged assembly. Your request for a classification ruling should include more detailed information as to the nature of these items, such as their name, use and material composition as well as their physical characteristics which demonstrate that they are solely used in your chain type conveyor system. When this information is available, you may wish to consider resubmission of your request.

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 Mark Palasek at 646-733-3013.

Sincerely,

Robert B. Swierupski
Director,

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