CLA-2-87:OT:RR:NC:N1:101
Terry Iten, Sales Administrator
Cherrington Enterprises, Inc.
1805 2nd Avenue SW
PO Box 2135
Jamestown, ND 58402-2135
RE: The tariff classification of self-propelled beach cleaners
Dear Terry Iten,
In your letter dated January 17, 2013, you requested a tariff classification ruling.
The items being considered are the “Cherrington Model 950”, the “Cherrington Model 4600XL” and the “Cherrington Model 5500 With Cab”. You state that these models are used primarily for beach cleaning. The machines use a “lift and screen” process whereby a steel digger point engages the ground at a depth controlled by the operator while loading paddles on a chain drive lift the sand and debris up and over the steel screen. The steel screen is flat (non-rotating) and oscillates to assist the sand and debris separation. The sand is immediately returned to the ground surface while the unwanted debris is loaded into the hopper. These machines are also used for screen-cleaning sand play areas, horse arenas and tracks, and preparing seedbeds on landscape or golf course sites.
Cherrington Model 950 Sand Screener
Cherrington 4600XL Beach Screener
Cherrington Model 5500 Beach Screener (with cab)
Tariff classification under the Harmonized Tariff Schedule of the United States (HTSUS) is governed by the principles set forth in the General Rules of Interpretation (GRIs). GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes. The Explanatory Notes to the Harmonized Commodity Description and Coding System (ENs) constitute the official interpretation of the HTSUS at the international level.
This office has reviewed the information provided. The items under consideration have been identified as various models of self-propelled or trailer type beach cleaners. You suggested classification in heading 8430, which provides for “self-propelled machines…for ‘attacking’ the earth’s crust (ie: for cutting or breaking down rock, earth, coal, etc.; earth excavation, digging, drilling, etc.), or for preparing or compacting the terrain (ie: scraping, leveling, grading, tamping or rolling).” The beach cleaners in question do not “attack” the earth’s crust, nor do they prepare or compact the terrain; these devices are used to clean the sand on the beach by screening out foreign detritus for permanent removal while returning the sand to the beach. These devices are not akin to any devices, or operations described in the ENs to 84.30. On the other hand, a case can be made that, if not imported for use by a Federal, State, or local municipality that the self-propelled models could be classified in 8705 as “Special Purpose Vehicle.” The ENs to 87.05 states that this heading provides for, “Lorries (trucks) used for cleansing streets, gutters, airfield runways, etc., (e.g. sweepers, sprinklers, sprinkle sweepers and cesspool emptiers). The vehicles described in 8705 are designed to, by way of water, mechanical broom and vacuum, clean debris from the surface of the road without damaging the road. The vehicles in the instant shipment are designed to perform a similar function.
Consideration was given to classifying these models within heading 8479, Harmonized Tariff Schedule of the United States (HTSUS), as you suggested, i.e., subheadings 8479.82.0080, HTSUS, and 8479.90.9498, HTSUS. Subheading 8479.82.0080, HTSUS, provides for “Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter; parts thereof: Mixing, kneading, crushing, grinding, screening, sifting, homogenizing, emulsifying or stirring machines” and subheading 8479.90.9496, HTSUS, provides for “Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter; parts thereof: Parts: Other: Other: Other” This office acknowledges the fact that the language of subheading 8479.82.0080, HTSUS, does include the word “screening”. However, the screening machines encompassed by this subheading are general purpose screening machines which can be used in a wide range of industries to process a variety of materials, e.g, mining, metallurgy, plastics, foodstuff and recycling. The models at hand are said to be designed and marketed for the screening of sand, not for general use. The Explanatory Notes (“ENs”) state that heading 84.79, HTS, is restricted to machinery having individual functions which (1) are “not covered more specifically by a heading in any other Chapter of the Nomenclature” and (2) cannot be classified in any other particular heading of this Chapter” (i.e., Chapter 84). As the models are covered more specifically by headings elsewhere in the Nomenclature, classification in heading 8479, HTSUS, would not be appropriate. In addition, to be classified in subheading 8479.90.9496, HTSUS, a good must be integral, constituent component of a machine or mechanical appliance which is itself classified in heading 8479, HTSUS. None of the models in question are parts of machines or mechanical appliances of heading 8479, HTSUS. Thus, classification in subheading 8479.90.9496, HTSUS, is precluded.
The rates of duty provided below are the rates applicable to the merchandise when manufactured in a country with which the United States has Normal Trade Relations.
The applicable classification subheading for the “Cherrington Model 950” will be 8427.20.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “ … other works trucks fitted with lifting or handling equipment : Other self-propelled trucks: Other.” The general rate of duty will be Free.
The applicable classification subheading for the “Cherrington 4600XL” will be 8474.10.0010, which provides for “Machinery for sorting, screening, separating, washing, crushing, grinding, mixing or kneading earth, stone, ores or other mineral substances, in solid (including powder or paste) form: … : parts thereof: Sorting, screening, separating or washing machines …Portable”. The general rate of duty will be Free.
The applicable classification subheading for the “Cherrington Model 5500 with Cab” will be 8705.90.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Special purpose motor vehicles, other than those principally designed for the transport of persons or goods … : Other.” The general rate of duty will be Free.
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 “Cherrington Model 5500 with Cab” or the “Cherrington Model 950”, please contact National Import Specialist Matthew Sullivan at 646-733-3013. If you have any questions regarding the “Cherrington Model 4600XL” please contact National Import Specialist Patricia O’Donnell at 646-733-3011.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division