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NY 892174

December 3, 1993

CLA-2-84:S:N:N1:103 892174


TARIFF NO.: 8428.90.0090; 8427.20.0000; 8422.30.9090; 9817.00.5000

Mr. William J. LeClair
Trans-Border Customs Services, Inc.
PO Box 800
Champlain, NY 12919

RE: The tariff classification of a bale feeder, feed wagon, and tubing machine from Canada

Dear Mr. LeClair:

In your letter dated October 26, 1993 on behalf of Bechard's Farm Equipment you requested a tariff classification ruling.

The WIC motorized round bale feeder is a self-propelled wheeled machine which carries and dispenses round hay bales to feed dairy cows or other farm animals. A winch, in conjunction with retractable ramps, pulls the bale onto the feeder, while two adjustable telescopic arms serve as an axis for unrolling the bale. A conveyor chain unrolls the bale like a carpet, with the quantity of feed controlled by varying the speed of the feeder. The driver controls the machine while standing on a platform at the rear of the unit. The bale feeder can also be used with round straw bales which are used as cow bedding or as mulch for growing mushrooms.

The WIC motorized feed carrying wagon is a narrow self- propelled truck used to carry and discharge silage into a trough in a barn. The unit basically consists of a container which holds the silage, a continuous chain conveyor to draw the silage to the discharge area, and an auger or conveyor to discharge the feed out of the unit. The feed wagon features a hydrostatic transmission and rear driver platform and controls, and is highly maneuverable.

The Pronovost Silatube tubing machine permits storage of round hay bales within a plastic tube in order to prevent hay spoilage. A gasoline engine powers a pusher which feeds the bales into the tube while simultaneously dispensing the plastic tubing material. The machine is mounted on wheels and propels itself as the bales are pushed into the tube. A tube may be up to 150 feet in length and can hold 35 bales which measure 4 feet in diameter. The tubing machine can push from 90 to 100 bales per hour into the tubing.

The applicable subheading for the round bale feeder will be 8428.90.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for other lifting, handling, loading or unloading machinery: other machinery: other: other. The duty rate will be 2 percent ad valorem.

The applicable subheading for the feed carrying wagon will be 8427.20.0000, HTS, which provides for other works trucks fitted with lifting or handling equipment: other self-propelled trucks. The duty rate will be free.

The applicable subheading for the Pronovost Silatube tubing machine will be 8422.30.9090, HTS, which provides for machinery for filling...boxes, bags or similar containers: other. The duty rate will be 3.6 percent ad valorem.

Goods classifiable under subheadings 8428.90.0090 and 8422.30.9090, HTS, which have originated in the territory of Canada, will be entitled to a free rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

Machinery, equipment and implements to be used for agricultural or horticultural purposes are also provided for under the special classification provision of subheading 9817.00.5000, HTS. Alternatively, upon the submission of actual use certification, as provided in Sections 10.131-10.139 of the Customs Regulations, the round bale feeder and the tubing machine would be classifiable in subheading 9817.00.5000, HTS, and would be free of duty.

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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