CLA-2-84:S:N:N1:106-854858
Mr. James Gassert
Horizon Air Freight, Inc.
152-15 Rockaway Boulevard
Jamaica, NY 11434
RE: The tariff classification of grain transport equipment from
West Germany and Italy
Dear Mr. Gassert:
In your undated letter, on behalf of Continental Grain, New
York, NY, you requested a tariff classification ruling for a
pneumatic conveyor and four mobile cranes.
You have submitted literature describing the Neuero model
210 mobile pneumatic conveyor manufactured in West Germany. The
conveyor has heavy duty construction, a heavy gauge box tubing
frame, and a four wheel towable chassis. The model 210 is
powered by a 90 kW or 110 kW electric motor. Other features
include a high-pressure centrifugal blower, an air-flow
regulator, a primary intake cyclone of two piece construction, a
hand operated air valve designed for instant stop of conveying,
and a control panel incorporating all switchgears and automatic
devices. The mobile pneumatic conveyor is used to transfer grain
out of a ship's storage hold and into a hopper located on the
dock.
The four tracked mobile cranes are manufactured in Italy.
Two cranes will be model GS 30-4X2 with a maximum capacity of 16
tons on a five meter radius. These cranes are powered by a Fiat
113 h.p. diesel engine. Other features include safe load
indicator, high position operators cabin, special jib 4 meters
long, and boom with a length of 21.35 meters. The crane
measures 6.3 by 3.3 by 2.6 meters and weighs approximately 25.5
tons.
Two cranes will be model GS 15-4X2 with a maximum capacity
of 8 tons on a five meter radius. These cranes are powered by a
Fiat 90 h.p. diesel engine. This model has a boom length of
15.25 meters. The crane measures 5.3 by 3.1 by 2.6 meters and
weighs approximately 16.8 tons. General features are the same as
the model GS 30-4X2. The cranes are used to lift grain and other
materials from one ship to another ship, or from ship to shore
(into a hopper located on the dock).
The applicable subheading for the Neuero model 210 mobile
pneumatic conveyor will be 8428.20.0010, Harmonized Tariff
Schedule of the United States (HTS), which provides for other
lifting, handling, loading or unloading machinery: pneumatic
conveyors. The rate of duty will be 2 percent ad valorem.
The applicable subheading for the tracked mobile cranes will
be 8426.49.0090, HTS, which provides for cranes: self-propelled,
other. The rate of duty will be 2 percent ad valorem.
Subheading 9817.00.50, HTS, free of duty, is the provision for
machinery, equipment or implements to be used for agricultural
purposes. As the pneumatic conveyor and mobile cranes are being used
in marketing pursuits rather than agricultural pursuits, subheading
9817.00.50 is not applicable in this instance.
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