CLA-2-84:S:N:N1:103 852168

V. Susanne Cook, Esq.
Buchanan Ingersoll Professional Corp.
58th Floor, 600 Grant St.
Pittsburgh, Pa. 15219

RE: The tariff classification of mineral separating machines from Australia

Dear Ms. Cook:

In your letter dated May 1, 1990 on behalf of MDC of Illinois, Inc. you requested a tariff classification ruling.

The spiral concentrator is a machine used to separate minerals from a slurry based on the weight and density of the mineral particles. Each spiral concentrator consists of a bank of individual columns which are shaped like a helix. Each column contains up to ten individual spirals, referred to as starts, supported on a three-legged stand. An individual column also contains a feed distributor, splitter box, pressure distributor, splitter plate adjustment mechanism, and a support frame. The spirals are made of fiberglass and are coated with a wear resistant material. The feed distributor is mounted above each column and is supplied from a feed pipe, while the pressure distributor is used to divert equal amounts of slurry to the columns. The splitter box contains two splitter plates which act as deflectors to control the separation of the material as it exits the unit. The plates are connected to levers and actuators so that they can be remotely adjusted. The spiral bank frame supports the distributors, the columns themselves, and the splitter plate adjusting mechanism. In operation, as a water slurry containing the mineral particles flows down a start in the spiral column heavy grains move toward the center of the column while light grains and water move toward the outside, thus separating the mineral particles. A standard concentrator bank containing 6 columns, each with eight starts, can separate 70 tons of coal per hour.

The sieve bend is a screening machine used to classify, dewater, and deslime slurries containing minerals, food particles, or sewage. It consists of a curved wire screen with flexible side skirts cast on its edges to prevent overflow. The screen is mounted on special rubber vibration mounts. The entire screen is vibrated and flexed by means of a motor driven vibration bar in order to increase screening efficiency. The machine also incorporates a feeder which ensures the slurry is evenly distributed across the full face of the screen surface, and has a steel frame which is lined with rubber to resist corrosion and wear. In a supplementary letter dated May 9, 1990 you stated that sieve bends are primarily used for classifying and sizing mineral deposits.

The applicable subheading for the spiral concentrator banks and the sieve bends will be 8474.10.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for stationary sorting, screening, separating or washing machines for earth, stone, ores or other mineral substances, in solid (including powder or paste) form. The rate of duty will be 2.9 percent ad valorem.

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