NY 856847
OCT 29 1990

CLA-2-84:S:N:N1:104 856847

8537.10.0060

Mr. Paul Beach
Nuturn Corporation
1 Grizzly Lane
Smithville, TN 37166

RE: The tariff classification of a material weighing and conveying system from Japan.

Dear Mr. Beach:

In your letter dated September 28, 1990 you requested a tariff classification ruling. The weighing system is part of a disc pad preforming system. Containers with premixed friction material are conveyed within the weighing machine to a hopper by an elevator type mechanism. The material is dumped into the hopper and the empty container returned. A portion of the material is gravity fed to a weighing unit (balance scale with digital readout) until the scale registers the desired amount to fill each cavity in a double cavity die. The weighed portion is gravity fed to fill a preform die which is then shuttled to a preform press (not part of this request) situated next to the weigh unit. The cold pressed material (disc pad) is then returned to the weighing unit, removed from the die, and transported to a second weighing station. After the weight is verified and out of tolerance parts are sorted out, the pads exit the weighing machine and are transported by belt conveyor through a tunnel dryer which operates at temperatures of 80 to 100 degrees C. The operation of the system is controlled by a PLC (Programmable Logic Controller).

The applicable subheading for the weighing system will be 8423.81.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for other weighing machinery: having a maximum weighing capacity not exceeding 30 kg. The rate of duty will be 4.4 percent ad valorem. The applicable subheading for the dryer will be 8419.39.0080, HTS, which provides for dryers at 4.2 percent. The applicable subheading for the belt conveyor will be 8428.33.0000, HTS, which provides for conveyors: other, belt type. The rate of duty will be 2 percent. The applicable subheading for the PLC will be 8537.10.0060, HTS, which provides for other bases, equipped with two or more apparatus of heading 8536, for electric control or the distribution of electricity: for a voltage not exceeding 1,000V, programmable controllers. The rate of duty will be 5.3 percent.

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