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NY K86218

June 2, 2004
CLA-2-84:RR:NC:1:104 K86218


TARIFF NO.: 8464.90.9090

Ms. Carol L. Kreps
Omnitrans Corp., Ltd.
167-16 146th Ave.
Jamaica, NY 11434

RE: The tariff classification of a stone splitting and treating system from Germany

Dear Ms. Kreps:

In your letter dated May 17, 2004 on behalf of Concrete, Stone & Tile of Branchville, New Jersey you requested a tariff classification ruling.

The Hess Tumble Master System is a machinery line for splitting and treating stones used in retaining walls. Including input and output conveyors, the line measures over a hundred feet long. The operation begins when previously formed and cured stone, stacked six layers high on a work-in-progress pallet (four pieces to a layer), is moved by forklift to the input conveyor which introduces the stack to the tumble master machines. The stones are destacked one at a time and placed on an index table from where they go to the splitter while the work-in-progress pallets are removed from the line by a conveyor.

The stone splitter has an upper and lower knife system. The knives will move to the product and split the stone with a hammer/chisel type effect. A manipulator then turns the split stone 90 degrees to enter a cabinet where chains (on rotating chain drums) strike the split face of the stone to give it an aged look. The pieces are then sorted for ease in pushing, restacked on a shipping pallet, wrapped and taken outside by a conveyor. (The packaging equipment is not part of the importation.)

The applicable subheading for the Hess Tumble Master System will be 8464.90.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for machine tools for working stone, ceramic, concrete, asbestos cement or like mineral materials or for cold working glass: other: other. The rate of duty will be 2 percent.

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 Robert Losche at 646-733-3011.


Robert B. Swierupski

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