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NY 801765

September 19, 1994



TARIFF NO.: 8436.10.0000

Mr. H. Alan Davis
Percy H. Davis Limited
Box 98
Portal, ND 58772

RE: The tariff classification of a cutter-mixer-feeder from Canada

Dear Mr. Davis:

In your letter dated August 29, 1994 on behalf of Supreme International, you requested a tariff classification ruling. You included descriptive literature and a video presentation of the merchandise.

There are two varieties of cutter-mixer-feeders under consideration. The tractor-drawn trailer-mounted variety encompasses models 350, 425, 500, 600 and 700. These model numbers correspond to the capacity in cubic feet of the respective models. The other variety of cutter-mixer-feeder is truck mounted. No specifications on this variety was submitted with your request.

The tractor-drawn models are powered from the PTO of the tractor feeding into a heavy duty 90 degree planetary gearbox which in turn powers the vertical mixing screw of the machine. These machines can cut roughage to desired lengths ranging from 1.5 to 6 inches. The unobstructed opening at the top facilitates loading of whole bales, regardless of the type and size. The center screw lifts rations from the floor upwards into the mixing tub, allowing materials to fall down along the sides to the bottom, and then repeats the process, resulting in a thorough mixing of materials. The mixing tub is tapered with a wide opening at the top to a narrowing at the bottom. Feeding is done with a hydraulically operated discharge door which controls both feed consistency and amount discharged and can be done "on the run".

The applicable subheading for the tractor-drawn models of the Supreme cutter-mixer-feeders will be 8436.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for machinery for preparing animal feeds. The duty rate will be free. Your inquiry does not provide enough information for us to give a classification ruling on the truck-mounted variety of cutter-mixer-feeder. Your request for a classification ruling should include a statement as to whether the truck and machine are permanently attached and whether the truck chassis is capable of other functions or operations.

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

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