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NY 888602



TARIFF NO.: 8436.80.0090

Ms. Silvia Perez
M.G. Maher & Co., Inc.
One Canal Place
Suite 2100
New Orleans, LA 70130

RE: The tariff classification of an automatic chicken catcher from Italy.

Dear Perez:

In your letter dated July 15, 1993, on behalf of Intertrade, Inc. of Kosciusko, MS, you requested a tariff classification ruling. You submitted descriptive literature with your request.

The Automatic Chicken Catcher (ACC) consists of a "tractor" unit with an integrated catching unit and conveyor system. The overall length of the ACC is 9 meters and moves at a maximum pace of 3 feet per minute. The catching unit and conveyor arm have a sweeping range of 12 meters and consist of a belt conveyor, 6.5 meters long by 0.35 meters wide, and a catching head with 3 vertical rotating reels of long, soft rubber fingers. Due to independent rotation, the reels gently trap the chickens in the soft rubber fingers and move them along to the conveyor and thence to the crating area behind the machine. The ACC is said to move easily within the chicken house and collect all the birds as the unit sweeps the catching head from one side wall to the other. The "tractor" portion of the ACC is a wheeled, skid steer unit which is remotely controlled by the operator using electrical cables. The unit is powered by a 10 kW diesel generator and is constructed of a heavy duty galvanized steel frame and stainless steel body panels.

The applicable subheading for the automatic chicken catcher will be 8436.80.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for other agricultural machinery. The rate of duty will be free. 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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