NY 862432

MAY 03 1991


CLA-2-84:S:N:N1:105 862432

Mr. James P. Moskosky
Aegis Reclamation of Ohio, Inc.
1206 North Main, Suite #106
North Canton, Ohio 44720

RE: The tariff classification of the Vaxon Process from England.

Dear Mr. Moskosky:

In your letter dated April 8, 1991 you requested a tariff classification ruling. The Vaxon Process is an automated operation for refining used or waste oils by a vacuum distillation process into oils with the same specification as new oils. The process is carried out in three main distillation stages or modules, followed by a fourth finishing stage where the distillate from stage three is clay treated and steamed to remove impurities and stabilize the oil. Temperature is increased at each stage of processing, thereby generating different percentages and types of refined petroleum products. The entire operation is controlled by a panel that incorporates full instrumentation with LED digital displays and mimic flow diagrams, together with lights and alarm circuits. An integrated micropressor continuously records operating conditions.

The applicable subheading for the Vaxon Process will be 8419.40.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for machinery, plant or laboratory equipment for the treatment of materials by a process involving a change of temperature: distilling or rectifying plant. The rate of duty will be 4.2 percent ad valorem. The applicable subheading for the control panel, if imported separately, will be 9032.89.6030 HTS, which provides for other automatic regulating or controlling instruments or apparatus, other, other. The rate of duty will be 4.9 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