CLA-2-84:S:N:N1:103 807203
Mr. Jon Tregoning
Malco Engineering Pty. Limited
PO Box 31
Welland S.A. 5007, Australia
RE: The tariff classification of a stockpile discharger and coal
valve from Australia
Dear Mr. Tregoning:
In your letter dated February 21, 1995 you requested a
tariff classification ruling.
The Malco stockpile discharger is a vibrating device used to
initiate the flow of stockpiled bulk materials such as coal, wood
chips, gypsum or limestone. The discharger, which is placed
beneath the pile, sends impulses into the stockpile to induce a
continuous flow of the material. The vibrating action occurs for
a few seconds each minute, thus inducing the material to flow as
well as reducing energy consumption.
The Malco stockpile discharger incorporates an internal
pressure cone and a steel draw down skirt which are both in full
contact with the bulk material. They are vibrated by two motor-
driven excitors integrated into the unit's structure. The
excitors impel a twist-and-lift elliptical stroke spinning action
into the pressure cone and draw down skirt which is then
transmitted into the storage pile. The material in the pile is
immediately fluidized and begins sloughing into the predominant
flow stream. Solid rubber isolation mounts restrict the
vibrations to the discharger and pile, while an inlet sock and
skirt arrangement provides a flexible seal between the stockpile
discharger and the ground.
Once the stockpile discharger initiates the flow, the Malco
variable rate flow control valve controls it. The valve can
handle flow rates of 300 to 6000 tons per hour, thus allowing
fast train and ship loading operations. It is either
hydraulically or electrically actuated.
The applicable subheading for the stockpile discharger,
imported as a complete unit in a single shipment, will be
8479.89.95, Harmonized Tariff Schedule of the United States
(HTS), which provides for machines and mechanical appliances
having individual functions, not specified or included
elsewhere...:other machines and mechanical appliances: other:
other: other. The rate of duty will be 3.5 percent ad valorem.
The applicable subheading for the coal valve will be 8481.80.90,
HTS, which provides for taps, cocks, valves and similar
appliances...: other appliances: other. The rate of duty will be
3.4 percent ad valorem. In addition, a merchandise processing
fee and harbor maintenance fee may also be applicable.
In your letter you stated that the stockpile discharger will
be shipped as major subassemblies. We are unable to provide you
with classification advice on these without a description of the
physical makeup of each subassembly. Components may be
classifiable in the provision for parts of machines and
mechanical appliances having individual functions in subheading
8479.90.95, HTS, and subject to duty at a rate of 3 percent ad
valorem provided they are neither excluded nor goods of another
heading.
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