NY 869355

Dec. 17, 1991


CLA-2-84:S:N:N1:103 869355

Ms. Carol Hagyard
A. N. Deringer, Inc.
1010 Niagara Street
Buffalo, NY 14213

RE: The tariff classification of a waste reduction mill from Canada

Dear Ms. Hagyard:

In your letter dated November 26, 1991 on behalf of Dynaforce Waste Reductions Inc. you requested a tariff classification ruling.

The Dynaforce WRT 30 reduction mill is a stationery or trailer-mounted machine used to reduce the volume of solid waste. It can process unsorted general waste or previously separated materials which are intended for recycling. The WRT 30's unique internal design utilizes centrifugal forces, in combination with replaceable wear bars and knives, to create a grinding action so that the materials in the unit are destroyed. This grinding process reduces waste by as much as 80 percent of its original size, depending on the material being processed. The WRT 30 can shred a wide variety of waste, such as wood, tires, glass, plastics, light metal cans, and general curb-side waste at a rate of 20-50 tons per hour. The machine can be adjusted to produce particles of a desired size by means of a hydraulic lever on its control panel. It also incorporates a cyclone and dust collector, as well as an inclined belt or lift pin conveyor to control the rate of feeding and a discharge system. The stationery system operates by means of an electric-hydraulic motor, while the mobile system utilizes a diesel-hydraulic module.

The applicable subheading for the Dynaforce WRT 30 waste reduction mill will be 8479.82.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for other machines and mechanical appliances having individual functions: mixing, kneading, crushing, grinding, screening, sifting, homogenizing, emulsifying or stirring machines. The duty rate will be 3.7 percent ad valorem.

Goods classifiable under subheading 8479.82.0080, HTS, which have originated in the territory of Canada, will be entitled to a 1.4 percent rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

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.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport