The tariff classification of a rubber asphalt blending unit from China.

N126518 October 26, 2010 CLA-2-84:OT:RR:NC:1:104 CATEGORY: Classification TARIFF NO.: 8479.82.0040 Mr. Raymond S. Kim Raymond S. Kim DBA Skyline Customs Brokers 22209 S. Vermont Ave., #11 Torrance, CA 90502 RE: The tariff classification of a rubber asphalt blending unit from China. Dear Mr. Kim: In your letter dated October 6, 2010, on behalf of Phoenix Industries, you requested a tariff classification ruling. You describe the instant merchandise as a Rubber Asphalt Blending Unit. You state that this Phoenix Industries model AR150M unit produces Asphalt Rubber (also referred to as Rubberized Asphalt). The process involves blending crumb rubber produced from recycled scrap tires into liquid asphalt cement to produce an extremely resilient high performance, modified binder that is used in the paving process. You have state that the hot mix asphalt that is produced with Asphalt Rubber binder creates a roadway that is more durable, longer lasting and safer than conventional asphalt. Model AR150M blending plant is modular in design. Its overall dimensions are 11.90m x 2.30 m x 2.35m with an approximate weight of 12,236 kg. The plant has a production capacity of 10 – 13mtph of modified asphalt rubber binder with a minimum of crumb rubber content of 15% by weight. The unit includes a centralized control station equipped with an automated PLC system that controls, measures and records the blending process. The plant’s major components include: a diesel fired hot oil heater, heat exchanger, rubber hopper, mixing tank, reaction tank and a 3” x 12’ hose. The unit is imported complete in one shipment. It is designed to fit in a standard 40’ sea container for ocean shipping or on a regular flat bed truck. The applicable subheading for the Rubber Asphalt Blending Unit, model AR150M, will be 8479.82.0040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter, parts thereof: Other machines and mechanical appliances: Mixing, kneading, crushing, grinding, screening, sifting, homogenizing, emulsifying or stirring machines: Mixing, kneading or stirring machines. The rate of duty will be free. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. 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 Patricia O’Donnell at (646) 733-3011. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division