CLA-2-84:OT:RR:NC:1:104
Messrs. Tarun K. Ohri M.D. and Nirdosh Bali
Alpsco Graintech Private Limited
Ohri Medical Group, P.C.
165 Brooklyn Street
Warsaw, NY 14569
RE: The tariff classification of rice bucket elevators and conveyors from India
Dear Messrs. Ohri and Bali:
In your letter dated November 6, 2013, you requested a tariff classification ruling.
The processing of rice involves several steps such as i.e., cleaning, dehusking, separating, bran removal, polishing and grading. The machines performing these processes are integrated into one system by bucket elevators and conveyors. The bucket elevators and conveyors facilitate the smooth, steady flow of the rice through the various machines.
The bucket elevators consist of buckets attached to a belt that revolves around the bottom pulley (allowing the buckets to fill with rice) and the top pulley where the buckets discharge the rice. The elevators operate vertically.
The conveyors are available in different sizes. The chain is manufactured from steel. Forged casting return idlers are fitted for the gentle running of the chain. The conveyors operate horizontally.
In your request, you proposed that the Rice Buckets Elevators and Conveyors be classified in heading 8437, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Machines for cleaning, sorting or grading seed, grain or dried leguminous vegetables, and parts there of…”
The Explanatory Notes (EN) to subheading 8437, (II) (A) (C) states “However, the heading does not cover: Conveyors and elevators (e.g., of the bucket, belt or pneumatic suction types) (heading 8428).
The applicable subheading for the bucket elevators will be 8428.32.0000, HTSUS, which provides for “Other lifting, handling, loading or unloading machinery: other continuous-action elevators and conveyors, for goods or materials: Other, bucket type”. The rate of duty will be free.
The applicable subheading for the grain chain conveyors will be 8428.39.0000, HTSUS, 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 free.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
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 ruling, contact National Import Specialist Patricia O’Donnell at (646) 733-3011.
Sincerely,
Gwenn Klein Kirschner
Acting Director
National Commodity Specialist Division