CLA-2-84:S:N:N1:103 814135
Mr. Patrick Gallagher
Patrick Gallagher Customhouse Brokerage
PO Box 55488
Portland, OR 97238-5488
RE: The tariff classification of an egg conveyor and egg counter
from Spain
Dear Mr. Gallagher:
In your letter dated August 24, 1995 on behalf of Cal
Western Poultry Equipment you requested a tariff classification
ruling.
A brochure submitted with your inquiry describes the GANAL-
veyor and GANAL-counter. The GANAL-veyor is a continuous egg
conveyor for transporting eggs from the egg laying area. The
conveyor may incorporate straight or curved lengths, and is
powered by a motor and chain drive. The eggs rest in curved
slats as they are moved along. At the end of the conveyor a
device referred to as a floating surface, which contains a series
of independent finger-like rods, enables the eggs to be
transferred from the conveyor without cracking.
The GANAL-counter is an electronic mass egg counter which
can be mounted onto any straight section of the GANAL-veyor. It
provides information on the number of eggs collected each day
from every laying house or flock, no matter the size of the eggs
or how they are positioned.
You have suggested that these articles may be classified as
other parts of machines for cleaning, sorting or grading eggs in
subheading 8433.90.5060, Harmonized Tariff Schedule of the United
States (HTS), or as other agricultural, horticultural, forestry,
poultry-keeping or bee-keeping machinery in subheading
8436.80.00, HTS. However, these articles are each specifically
provided for in other provisions of the HTS. The applicable
subheading for the GANAL-veyor will be 8428.39.0000, HTS, which
provides for other continuous-action elevators and conveyors, for
goods or materials: other. The rate of duty will be 1.6 percent
ad valorem. The applicable subheading for the GANAL-counter will
be 9029.10.8000, HTS, which provides for other revolution
counters, production counters, taximeters, odometers, pedometers
and the like. The rate of duty will be free.
Machinery, equipment and implements to be used for
agricultural or horticultural purposes are provided for under the
special classification provision of subheading 9817.00.5000, HTS.
Upon compliance with the actual use requirements of Sections
10.131-10.139 of the Customs Regulations, the egg conveyor and
counter would be classifiable in subheading 9817.00.5000, HTS,
and would be free of duty.
This ruling is being issued under the provisions of Section
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 212-466-5494.
Sincerely,
Roger J. Silvestri
Director
National Commodity
Specialist Division