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NY 852004


May 25, 1990

CLA-2-87:S:N:N1:106-852004

CATEGORY: CLASSIFICATION

TARIFF NO.: 8716.80.1000

Mr. William J. LeClair
Trans-Border Customs Services, Inc.
One Trans-Border Drive
P.O. Box 800
Champlain, NY 12919

RE: The tariff classification of a hay bale wagon from Canada

Dear Mr. LeClair:

In your letter dated April 16, 1990, on behalf of Flexi- Metal Inc., Quebec, Canada, you requested a tariff classification ruling.

You have submitted literature depicting a Flexi-Bale round bale handling wagon. The instant product is described as a four wheel, rubber tired, metal wagon that is used to carry round hay bales. The flat cargo bed measures 25 feet by 6 feet and it has two metal uprights on the back side that prevent bales from rolling off the wagon. The wagon also has a hydraulic arm on the side that "spears" the rolled bale from the ground and loads it on the wagon. The loaded wagon is pulled by a farm tractor from the hay field to the hay storage area. The design of these wagons is such that their use is limited to agricultural pursuits.

The applicable subheading for the hay bale wagon will be 8716.80.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for farm wagons and carts. The rate of duty will be free.

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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