CLA-2-84:OT:RR:NC:N1:104
Mr. Eric Hansel
CH Powell Company
478 Wando Park Blvd
Mt. Pleasant, SC 29464
RE: The tariff classification of a Deviator from Spain
Dear Mr. Hansel:
In your letter dated October 2, 2015, on behalf of your client, Prodesa North America Corp., you requested a tariff classification ruling.
The deviator is also known as a bypass. This stationary equipment is located in mechanical or pneumatic conveyors in order to deviate the product flow according to the process specifications. It is made of steel or stainless steel and can work with various bulk materials such as sawdust. The deviator’s pneumatic cylinder powers an internal blade that moves the product in a desired direction.
In your letter, you propose classifying the deviator under subheading 8431.39.0010, Harmonized Tariff Schedule of the United States (HTSUS), 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”. The deviator is in the nature of an accessory to the conveyor rather than an integral part of the conveyor in which it is positioned. The language of heading 8431, HTSUS, does not encompass accessories, only parts. The deviator is a machine in and of itself whose function is to handle a product in such a way as to turn the product aside from the main conveyor toward another direction. Thus, in this office’s opinion, classification under subheading 8431.39.0010, HTSUS, would not be appropriate.
The applicable subheading for the Deviator will be 8428.90.0290, HTSUS, which provides for “Other lifting, handling, loading or unloading machinery (for example, elevators, escalators, conveyors, teleferics): Other machinery: Other”. The rate of duty will be free.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
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 Patricia O’Donnell at [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division