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NY I81230

May 21, 2002

CLA-2-84:RR:NC:1:103 I81230


TARIFF NO.: 8431.39.0010; 7308.90.9590

Ms. Vickie S. Leavens
ABX Logistics, USA
11050 Wayne Road, Ste. 190
Romulus, MI 48174

RE: The tariff classification of conveyor components from an unspecified country

Dear Ms. Leavens:

In your letter dated April 22, 2002 on behalf of Jervis B. Webb Worldwide Company you requested a tariff classification ruling.

With your inquiry you submitted drawings and brief written descriptions of 5 articles which are used as components of airport baggage handling or parcel handling conveyors. For purposes of this ruling, we are assuming these items are made in a country entitled to the General rates of duty listed in the Harmonized Tariff Schedule of the United States (HTS). The specific items you inquired about are:

Service platform (drawing 555-1XXX-YZZ) – a base which will be assembled with other components after importation to form an access platform for servicing, maintaining or operating the conveyor, or to act as a workstation platform. The base is 60, 96, or 120 inches in length, and contains 7/16 inch by 1 inch slots which enable a handrail to be assembled to it.

Bolt-on handrail (drawing 555-3000-120) – A railing composed of 1¼ inch square tubing and standing 44 1/8 inches high and 120 inches long which will be assembled to a base such as the one described above .

1HP and 2HP motor drive base (drawing 567-7080-XXX) – a housing for a drive motor used to power the conveyor. It will usually be mounted to the bottom of the conveyor’s slider bed by the drive frame, and will be imported without the motor itself.

RBO sideguard assembly (drawing 571-00YY-0XX) – An assembly essentially consisting of a radius-brake-over, sideguards, and a snub pulley which will be used to guide and bend the conveyor belt of a combination incline and horizontal conveyor, and also keep the material on the belt from falling off.

Floor support assembly (drawing 591-8400-XXX) – a vertical support which will be assembled together with other components to form a support for the working elements of the belt conveyor.

While a sixth item was mentioned in your client’s letter no drawing or other information depicting it was submitted, and thus we are unable to comment on its classification.

The applicable subheading for the motor drive base, RBO sideguard assembly, and floor support assembly will be 8431.39.0010, HTS, which provides for parts suitable for use solely or principally with the machinery of heading 8428: other: of elevators and conveyors. The rate of duty will be free.

However, the service platform and bolt-on handrail are not identifiable as being suitable for use solely or principally with the goods of heading 8428, and thus cannot be classified in subheading 8431.39, HTS, as you suggested. The applicable subheading for the platform and bolt-on handrail will be 7308.90.9590, HTS, which provides for structuresand parts of structuresof iron or steel; plates, rods, angles, shapes, sections, tubes and the like, prepared for use in structures, of iron or steel: other: other: other: other: other. The rate of duty will be 1.1 percent ad valorem.

This ruling is being issued under the provisions of Part 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 646-733-3010.


Robert B. Swierupski

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