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NY 814135

September 20, 1995

CLA-2-84:S:N:N1:103 814135


TARIFF NO.: 8428.39.0000; 9029.10.8000; 9817.00.5000

Mr. Patrick Gallagher
Patrick Gallagher Customhouse Brokerage
PO Box 55488
Portland, OR 97238-5488

RE: The tariff classification of an egg conveyor and egg counter from Spain

Dear Mr. Gallagher:

In your letter dated August 24, 1995 on behalf of Cal Western Poultry Equipment you requested a tariff classification ruling.

A brochure submitted with your inquiry describes the GANAL- veyor and GANAL-counter. The GANAL-veyor is a continuous egg conveyor for transporting eggs from the egg laying area. The conveyor may incorporate straight or curved lengths, and is powered by a motor and chain drive. The eggs rest in curved slats as they are moved along. At the end of the conveyor a device referred to as a floating surface, which contains a series of independent finger-like rods, enables the eggs to be transferred from the conveyor without cracking.

The GANAL-counter is an electronic mass egg counter which can be mounted onto any straight section of the GANAL-veyor. It provides information on the number of eggs collected each day from every laying house or flock, no matter the size of the eggs or how they are positioned.

You have suggested that these articles may be classified as other parts of machines for cleaning, sorting or grading eggs in subheading 8433.90.5060, Harmonized Tariff Schedule of the United States (HTS), or as other agricultural, horticultural, forestry, poultry-keeping or bee-keeping machinery in subheading 8436.80.00, HTS. However, these articles are each specifically provided for in other provisions of the HTS. The applicable subheading for the GANAL-veyor will be 8428.39.0000, HTS, which provides for other continuous-action elevators and conveyors, for goods or materials: other. The rate of duty will be 1.6 percent ad valorem. The applicable subheading for the GANAL-counter will be 9029.10.8000, HTS, which provides for other revolution counters, production counters, taximeters, odometers, pedometers and the like. The rate of duty will be free.

Machinery, equipment and implements to be used for agricultural or horticultural purposes are provided for under the special classification provision of subheading 9817.00.5000, HTS. Upon compliance with the actual use requirements of Sections 10.131-10.139 of the Customs Regulations, the egg conveyor and counter 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 the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Alan Horowitz at 212-466-5494.


Roger J. Silvestri

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