CLA-2-84:RR:NC:1:103 C82613
Mr. Eric Moeller
Schenker International, Inc.
775 Atlanta South Parkway, Suite 100
College Park, GA 30349
RE: The tariff classification of various machines used in sand reclamation from England
Dear Mr. Moeller:
In your letter dated December 8, 1997 on behalf of Vulcan Engineering Company you requested a tariff classification ruling.
With your inquiry you submitted literature depicting various machines used in metal foundries for the mechanical reclamation of chemically bonded sands. The Vibra-Class machine combines simple mechanical attrition of sand lumps with screening and classification of the sand. It incorporates carbon steel wear plates, a vibratory motor, and three screening stages: a primary carbon steel screen, a secondary stainless steel wedge wire screen, and a tertiary screen through which the sand flows "upside-down" or in a backwards path in order to trap oversize agglomerates or metal flash. Depending on the model, this machine can reclaim up to 10 tons of sand per hour. The Vibra-Climb machine is a similar reclamation machine intended for use in smaller foundries which utilize a manual loading system. The Vi-Brader machine uses mechanical vibratory attrition to reduce lumps of sand to grain size. Like the preceding machines, it also features a vibratory motor and three screening stages, and can handle sand at temperatures up to 400 degrees Centigrade. The Cooler-Classifier is used in conjunction with the Vi-Brader to cool and classify sand after attrition. It incorporates a water flow system in which the water is made to flow opposite to the path of the sand for more efficient cooling, as well as a system for separating unwanted fines below 70 microns in size. An optional additional screening unit is also available.
In your letter you claim that these machines are only used as parts of metal foundries and thus should be classified in subheading 8454.90.0080, Harmonized Tariff Schedule of the United States (HTS), as parts of foundry equipment. Heading 8454 does not provide for foundry equipment in general. Rather, this tariff provision only encompasses four specific types of articles which are of a kind used in metallurgy or metal foundries: converters, ladles, ingot molds, and casting machines. As the machines about which you inquired are not themselves converters, ladles, ingot molds, or casting machines, or parts of such articles, they cannot be classified in subheading 8454.90.0080, HTS.
The applicable subheading for the Vibra-Class, Vibra-Climb, Vi-Brader, and Cooler-Classifier will be 8474.10.0090, HTS, which provides for stationary machines for sorting, screening, separating or washing earth, stone, ores or other mineral substances, in solid (including powder or paste) form. The duty rate will be 1.2 percent ad valorem. In 1998 this duty rate will be reduced to 0.6 percent ad valorem.
Along with mechanical sand reclamation systems, you also inquired about thermal reclamation systems, as well as continuous mixers, low level attritors, and coreshooters. Your inquiry does not provide enough information for us to give a classification ruling on these articles. Your request for a classification ruling should include a detailed description of their function and method of operation.
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 Alan Horowitz at 212-466-5494.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division