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NY 807203




March 17, 1995

CLA-2-84:S:N:N1:103 807203

CATEGORY: CLASSIFICATION

TARIFF NO.: 8479.89.95; 8481.80.90

Mr. Jon Tregoning
Malco Engineering Pty. Limited
PO Box 31
Welland S.A. 5007, Australia

RE: The tariff classification of a stockpile discharger and coal valve from Australia

Dear Mr. Tregoning:

In your letter dated February 21, 1995 you requested a tariff classification ruling.

The Malco stockpile discharger is a vibrating device used to initiate the flow of stockpiled bulk materials such as coal, wood chips, gypsum or limestone. The discharger, which is placed beneath the pile, sends impulses into the stockpile to induce a continuous flow of the material. The vibrating action occurs for a few seconds each minute, thus inducing the material to flow as well as reducing energy consumption.

The Malco stockpile discharger incorporates an internal pressure cone and a steel draw down skirt which are both in full contact with the bulk material. They are vibrated by two motor- driven excitors integrated into the unit's structure. The excitors impel a twist-and-lift elliptical stroke spinning action into the pressure cone and draw down skirt which is then transmitted into the storage pile. The material in the pile is immediately fluidized and begins sloughing into the predominant flow stream. Solid rubber isolation mounts restrict the vibrations to the discharger and pile, while an inlet sock and skirt arrangement provides a flexible seal between the stockpile discharger and the ground.

Once the stockpile discharger initiates the flow, the Malco variable rate flow control valve controls it. The valve can handle flow rates of 300 to 6000 tons per hour, thus allowing fast train and ship loading operations. It is either hydraulically or electrically actuated.

The applicable subheading for the stockpile discharger, imported as a complete unit in a single shipment, will be 8479.89.95, Harmonized Tariff Schedule of the United States (HTS), which provides for machines and mechanical appliances having individual functions, not specified or included elsewhere...:other machines and mechanical appliances: other: other: other. The rate of duty will be 3.5 percent ad valorem. The applicable subheading for the coal valve will be 8481.80.90, HTS, which provides for taps, cocks, valves and similar appliances...: other appliances: other. The rate of duty will be 3.4 percent ad valorem. In addition, a merchandise processing fee and harbor maintenance fee may also be applicable.

In your letter you stated that the stockpile discharger will be shipped as major subassemblies. We are unable to provide you with classification advice on these without a description of the physical makeup of each subassembly. Components may be classifiable in the provision for parts of machines and mechanical appliances having individual functions in subheading 8479.90.95, HTS, and subject to duty at a rate of 3 percent ad valorem provided they are neither excluded nor goods of another heading.

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.

Sincerely,

Jean F. Maguire
Area Director

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