The tariff classification of industrial vibrators

NY 801850 October 3, 1994 CLA-2-84:S:N:N1:103 801850 CATEGORY: Classification TARIFF NO.: 8479.89.9095 Ms. Linda J. Smith Schenker International, Inc. 123 Sivert Court Bensenville, IL 60106 RE: The tariff classification of industrial vibrators Dear Ms. Smith: In your letter dated August 31, 1994 on behalf of Martin Engineering Company you requested a tariff classification ruling for industrial vibrators. Your letter did not provide the country of origin of this merchandise. For purposes of this ruling, we are assuming the vibrators are produced in a country entitled to the duty rates specified in the column headed "General" in the Harmonized Tariff Schedule of the United States. You provided a brochure describing rotary electric vibrators used with equipment for the handling of bulk solids. The vibrators feature an electric motor incorporating high temperature insulation, drip impregnated stator winding, dual bearing seals, machined steel eccentric weights which can be adjusted for precise control of vibratory force, and a malleable cast iron or aluminum alloy case designed to withstand vibratory stress without cracking. In addition, in larger units "crowned" cylindrical roller bearings are used to allow for shaft deflection. These industrial vibrators are available in several models ranging from 450 to 10,800 rpm and with outputs from 13 to 44,000 pounds of force. While you contend in your ruling request that these vibrators are only suitable for use within conveyor systems, the brochure states that these industrial vibrators are also used for bin activation, compaction, screening, consolidation of concrete, and testing of parts and assemblies. The Harmonized Commodity Description and Coding System Explanatory Notes (ENs) constitute the Customs Cooperation Council's official interpretation of the Harmonized System. While not legally binding on the contracting parties, and therefor not dispositive, the ENs provide a commentary on the scope of each heading of the Harmonized System and are thus useful in ascertaining the classification of merchandise under the System. Customs believes the notes should always be consulted. See T.D. 89-80. Relevant ENs at page 1315 state that heading 8479 includes a "vibrator motor consisting of an electric motor with eccentric discs fitted to the protruding ends of the shaft, generating radial vibrations which are transmitted to the apparatus or appliance (chutes, bins, hoppers, conveyors, compacting appliance, etc.) to which the vibrator motor is fixed." Based on the foregoing, the applicable subheading for the industrial vibrators will be 8479.89.9095, 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: industrial vibrators. The rate of duty will be 3.7 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