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NY 875235

July 1, 1992

CLA-2-84:S:N:N1:103 875235


TARIFF NO.: 8479.10.0080

Mr. John Wolper
Kaerntner Group, Inc.
P.O. Box 1193
Exton, PA 19341

RE: The tariff classification of the Bandcleaner from Austria

Dear Mr. Wolper:

In your letter dated June 2, 1992 you requested a tariff classification ruling.

The Kahlbacher Bandcleaner is a machine designed to clean a paved surface such as a road, walkway, or airport runway of snow, slush, dirt, leaves, stones, and the like. It basically consists of a metal framework, a hydraulic power system, an endless steel- reinforced plastic band or belt mounted on two rotating drums, and guide and support rollers for the belt. The framework may be inclined at an angle so that the edge of the band comes into contact with the paved surface, and also can be pivoted. At least one of the two drums is driven by the hydraulic motor and drive, thus causing the band to rotate parallel to the surface.

The Bandcleaner operates from a PTO or directly from a hydraulic line on a vehicle. As the entire unit is propelled forward by the vehicle to which it is attached, ribs or ripples in the surface of the band carry the debris to the side, thus clearing the surface. The band can be reversed so that the debris may be moved to either side. A blower/suction device assists in vacuuming up the material and carrying it into a collection bin in the vehicle. The Bandcleaner comes in four models designated as BR200, BR260, BR290, and BR340 which vary according to their clearing width.

The applicable subheading for the Bandcleaner will be 8479.10.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for machines and mechanical appliances having individual functions, not specified or included elsewhere...:other machinery for public works, building or the like. The rate of duty will be 3.7 percent ad valorem.

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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