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NY 851308


April 24, 1990

CLA-2-84:S:N:N1:103 851308

CATEGORY: CLASSIFICATION

TARIFF NO.: 8479.89.9060; 8310.00.0000

Ms. Colette C. May
F. W. Myers & Co., Inc.
R.F.D., Wellesley Island
Alexandria Bay, N.Y. 13607

RE: The tariff classification of a wheel assembly machine and a sign from Canada

Dear Ms. May:

In your letter dated April 3, 1990 on behalf of Hovey Industries Ltd. you requested a tariff classification ruling.

The Beadlock Wheel Assembler is used to assemble two or three piece wheel rims to large vehicle tires. It consists of a wheel carrier and a hydraulically powered press. The wheel carrier allows the large, heavy tire to be easily handled and hold it while it is placed onto the press. A clamping arm on the press ensures the flange is held tightly to the wheel disc so that the locknuts can be rapidly and completely tightened.

The Law Enforcement/Advance Warning Triangle is a portable folding sign which, when opened, is supported and held upright by its carrying case. When opened it forms a triangle whose sides are 30 inches in length. One side of the triangle is marked with black and yellow diagonal stripes, and the other side is marked with the word POLICE in white letters on a red background. All colors are light reflective so that the sign is visible under minimal light conditions. The sign weighs six pounds and is made of an anodized corrosion resistant metal.

The applicable subheading for the Beadlock Wheel Assembler will be 8479.89.9060, Harmonized Tariff Schedule of the United States (HTS), which provides for other machines and mechanical appliances having individual functions, not specified or included elsewhere: automotive maintenance machines. The duty rate will be 3.7 percent ad valorem.

The applicable subheading for the Law Enforcement/Advance Warning Triangle will be 8310.00.0000, HTS, which provides for sign plates of base metal. The duty rate will be 3.8 percent ad valorem.

Goods classifiable under subheadings 8479.89.9060 and 8310.00.0000, HTS, which have originated in the territory of Canada, will be entitled to a rate of duty of 2.2 percent and 3 percent respectively under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

Your inquiry does not provide enough information for us to give a classification ruling on the Wheelmaster Tire Changer System or the Aircraft Boarding Stairs. Your request for a classification ruling on the tire changer should include an explanation as to how this item operates (including the use and function of all accessories for the system). A ruling request on the boarding stairs should indicate whether the stairs are mounted on a truck at the time of importation, whether the stairs are easily attached and removed from the truck, and whether the stairs are powered directly from the vehicle's engine or from a subsidiary power source.

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

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