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NY I82959

July 8, 2002

CLA-2-84:RR:NC:1:103 I82959


TARIFF NO.: 8474.20.0010; 8431.39.0010

Ms. Vicki W. Talley
Komatsu America International Company
101 N. Industrial Rd.
Ripley, TN 38063

RE: The tariff classification of a rock crusher from Japan

Dear Ms. Talley:

In your letter dated June 6, 2002 you requested a tariff classification ruling.

Literature submitted with your inquiry indicates that the model BR350 is a hydraulically operated mobile rock crusher. The machine incorporates a belt conveyor, a vibratory feeder, a fixed hopper, and a K-series crushing jaw, all mounted on a tracked undercarriage. The belt conveyor is 35 inches wide and travels at a speed of 312 feet per minute, while the vibrator feeder is used to separate and evenly feed the ore into the crushing jaw. The BR350 is powered by a 158 horsepower engine, and features a fully hydraulic drive system which allows it to attain a speed of 1.9 miles per hour. The unit is approximately 41 feet in length, 10 feet wide, and 10 feet high, and weighs 66140 pounds. The crushing jaw has an inlet size of 37 inches by 20 inches, and can crush from 52 to 176 tons of material per hour.

The applicable subheading for the BR350 crusher, including its integral belt conveyor, will be 8474.20.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for machinery for sorting, screening, separating, washing, crushing, grinding, mixing or kneading earth, stone, ores or other mineral substances, in solid (including powder or paste) form: crushing or grinding machines: portable. The rate of duty will be free.

You also inquired as to how to classify parts of the machine’s belt conveyor. For your information, parts suitable for use solely or principally with the belt conveyor, and which are not excluded by virtue of note 1 to section XVI or note 1 to chapter 84, and which are not goods included in any of the headings of chapter 84 or 85 per note 2(a) to section XVI, will be classifiable in subheading 8431.39.0010, HTS, which provides for parts of conveyors. The rate of duty will again be free.

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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