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NY 860231

FEB 19, 1991

CLA-2-84:S:N:N1:105 860231


TARIFF NO.: 8421.29.0060

Mr. Grant Murrison
E.S. Fox Limited
4935 Kent Avenue
Niagara Falls, Ontario L2H 1J6, Canada

RE: The tariff classification of a dewatering press from Canada.

Dear Mr. Murrison:

In your letter dated January 30, 1991 you requested a tariff classification ruling.

The WT/PP Twin Wire press is composed of a carbon steel structural sections and rollers and miscellaneous stainless steel parts. It is designed to accomplish the continuous dewatering of various kinds of industrial pulps and slurries by entrainment between two porous synthetic membranes (belts).

The applicable subheading for the WT/PP Twin Wire Press will be 8421.29.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for filtering or purifying machinery and apparatus for other liquids. The rate of duty will be 3.9 percent ad valorem.

Goods classifiable under subheading 8421.29.0060, HTS, which have originated in the territory of Canada, will be entitled to a 1.5 percent rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

You indicate that some parts for the press are supplied by your U.S. customer. A duty allowance may be made for these parts under subheading 9802.00.80, which provides for articles assembled abroad in whole or in part of fabricated components, the products of the United States, which (a) were exported in condition ready for assembly without further fabrication, (b) have not lost their physical identity in such articles by change in form, shape or otherwise, and (c) have not been advanced in value or improved in condition abroad except by being assembled and except by operations incidental to the assembly process such as cleaning, lubricating and painting.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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