CLA-2-84:S:N:N1:103 885593

7324.90.0000

Ms. Pam Brown
Cargo U.K., Inc.
4790 Aviation Parkway
Atlanta, GA 30349

RE: The tariff classification of slaughterhouse equipment from Holland

Dear Ms. Brown:

In your letter dated April 22, 1993 on behalf of Stork RMS Inc. you requested a tariff classification ruling.

With your inquiry you submitted brochures describing conveyor systems, container washing machinery, waste water treatment systems, and various types of washing apparatus. This equipment will be used in slaughterhouses for the processing of beef and pork.

The conveyor system is an overhead mechanical transport system for moving carcasses suspended from hooks or shackles, as well as for transporting meat racks and hides. The conveyor is basically composed of a galvanized frame and rail, conveyor chain of various types, a motor reducer or electric drive, a tensioning unit for the chain, pneumatic rail switches, and a central control cabinet.

Cleanstar continuous washing machines are used to clean the inside and outside of trays, drums, and buckets in order to maintain optimum hygiene in the processing plant. The machines include pre-wash, main wash, and rinsing compartments, each with a water tank, pump, spray pipes, and adjustable jet sprayer. In the pre-wash section the containers are washed with warm water. In the main washing section cleaning is accomplished with hot water and, if necessary, a detergent. In the rinsing section any remaining residue is removed with hot water and a disinfectant. Hot water is obtained by direct steam heating or a supplemental electric heating system. The control unit allows washing and rinsing times to be pre-programmed.

The waste water treatment machinery includes rotary screens, dissolved air flotation separators, physico-chemical separators, sludge separators with aerators, and belt presses. While these utilize different technologies, all are intended for the removal of solids from waste water at slaughterhouses and meat and fish processing plants. The rotary screens remove larger solids, while the dissolved air flotation separators, physico-chemical separators and sludge separators with aerators cause smaller solids to agglomerate, thereby facilitating their removal. The belt presses lend themselves to the removal of solids from rather dilute water flows by squeezing the flow between two mesh belts.

You also inquired about other washing apparatus used to maintain plant hygiene. A handwash/sterilizing unit is composed of a stainless steel backsplash, sink and faucet. A knee-operated valve supplies hot water to the handwash basin. The sink top incorporates a knife sterilizer; sterilizing water at a temperature of approximately 82 degrees Centigrade is separately delivered to this area. The unit includes a syphon trap in the drainpipe and may be floor or wall mounted. The apron washer is used to wash the workers' aprons in order to remove the risk of cross-contamination of carcasses. It is made of stainless steel and is configured like a shower stall with a semi-circular wall and a grid drain base. A worker enters the apron washer and operates a foot pedal to supply water to a shower-type head, thus rinsing the apron clean. This unit can be configured to include a knife sterilizer, soap dispenser, paper towel holder and refuse bag holder. The stainless steel head washing cabinet is used for internal and external cleaning of cowheads during head trimming and tongue severing. It consists of a stainless steel semi-circular splash screen, and a round basin with grid and drain. Mounted on a rod attached to the splash screen is a detachable, rotatable head suspension hook. The side of the unit contains a knife sterilizer and a sprayer for cleaning. The applicable subheading for the conveyor system, imported in a single shipment, will be 8428.39.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other lifting, handling, loading or unloading machinery: other continuous-action elevators and conveyors, for goods or materials: other. The rate of duty will be 2 percent ad valorem.

The applicable subheading for the Cleanstar washing machines will be 8422.20.0000, HTS, which provides for machinery for cleaning or drying bottles or other containers. The rate of duty will be 3.6 percent ad valorem.

The applicable heading for the rotary screens, dissolved air flotation separators, physico-chemical separators, sludge separators with aerators, and belt presses will be 8421.21.0000, HTS, which provides for filtering or purifying machinery and apparatus for water. The rate of duty will be 3.9 percent ad valorem.

Finally, the applicable subheading for the handwash/sterilizing unit and head washing cabinet will be 7324.10.0000, HTS, which provides for sanitary ware and parts thereof, of iron or steel: sinks and wash basins, of stainless steel, and for the apron washer it will be 7324.90.0000, HTS, which provides for sanitary ware and parts thereof, of iron or steel: other. The rate of duty for all three articles will be 3.4 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