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NY I89532

January 2, 2003

CLA-2-84:RR:NC:1:103 I89532


TARIFF NO.: 8428.90.0090; 8427.10.8060

Mr. Peter A. Pennesi
V. Alexander & Co., Inc.
PO Box 30250
Memphis, TN 38130-0250

RE: The tariff classification of handling system components from Germany

Dear Mr. Pennesi:

In your letter dated December 20, 2002 on behalf of Rosenheimer Forderanlagen GmbH (ROFA) and Allied Uni-King you requested a tariff classification ruling.

Your clients intend to import KB180 and KB240 electrified monorail conveyor systems, as well as automatic guided vehicle systems, into the port of Memphis. Due to their size, these systems will be imported over a period of several months. The systems, which can cost up to $10,000,000, will be shipped in sections or, in certain instances, as parts of sections and will be stored in the United States until the remainder of a particular system is manufactured and imported. The sections or parts of sections will then be delivered to their ultimate destination where they will be assembled to form a conveyor system for use in assembly lines, body shops, paint shops, and other areas of automobile manufacturing plants.

The KB180 and KB240 overhead monorail conveyor systems will basically consist of the following components:
a steel beam structure,
screen guard, platforms, stairs and ladders for maintenance and safety;
overhead rails with hangers, current rails and switches,
lifting stations, and
trolleys, which travel along the overhead rails with carriers to hold the articles being conveyed.

The automatic guided vehicle systems may be imported with or without their guidance systems and will basically consist of:
floor guide rails,
epoxy floor coatings,
a steel beam structure,
lifting stations, and
the automated guided vehicles (AGVs) themselves.

In your letter you contended that the various sections or section parts to be imported, with the exception of the AGVs, should be classified in subheading 8431.39.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for parts suitable for use solely or principally with the machinery of headings 8425 to 8430: of machinery of heading 8428: other: of elevators and conveyors. However, all the physical components of a conveyor system which will be imported in several shipments are not necessarily classifiable as conveyor parts. Certain components may be excluded from classification in subheading 8431.39.0010 by virtue of note 1 to section XVI or note 1 to chapter 84, HTS, or may be goods which are included in other headings of chapter 84 or chapter 85, HTS. In addition, it should be borne in mind that, in accordance with note 2(b) to section XVI, HTS, parts classifiable in subheading 8431.39.0010 must be suitable for use solely or principally with the goods of heading 8428, HTS.

The applicable subheading for the lifting stations, which contain electromotive drives and are lifting machines in and of themselves, will be 8428.90.0090, HTS, which provides for other lifting, handling, loading or unloading machinery: other machinery: other: other. The duty rate will be free.

The applicable subheading for the AGVs, which are capable of holding articles weighing up to 3 tons and incorporate lift tables, will be 8427.10.8060, HTS, which provides for other works trucks fitted with lifting or handling equipment: self-propelled trucks powered by an electric motor: other: automated guided vehicle (AGV). The duty rate will again be free.

Your inquiry does not provide enough information for us to give a classification ruling on the balance of the system components mentioned in your request. Your request for a classification ruling should include more detailed information as to the physical nature of these items, such as their dimensions, weight, and material composition, as well as a description of the characteristics which demonstrate that they are solely or principally used in monorail conveyor or AGV systems. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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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