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NY 855275


Sept 10, 1990

CLA-2-84:S:N:N1:106-855275

CATEGORY: CLASSIFICATION

TARIFF NO.: 8431.49.9060

Mr. Paul Malnati
Caterpillar Paving Products Inc.
9401 85th Avenue North
P.O. Box 1362
Minneapolis, MN 55440-1362

RE: The tariff classification of parts of vibratory tamping machines and vibratory road rollers, and steel raw material (flat) from Mexico

Dear Mr. Malnati:

In your letter dated August 2, 1990 you requested a tariff classification ruling. This letter is a revision to NY ruling 853283 issued to you on July 5, 1990. In that letter the cited weights were incorrect. The revised letter will reflect the correct weights.

The merchandise to be imported consists of the following:

(1) drum weldments (drums without inner accessories) dedicated due to their chemical and mechanical properties (hardness and tensile strength), and unique dimensions for use in vibratory tamping machines and vibratory road rollers.

Part number Correct Weight

7X8000 6880 pounds
7R9427 5700 "
04005146 1811 "
1206002 4230 "
L0842040 3150 "
04003989 2660 "
04004720 3100 "
04003818 1530 "
04002676 1204 "

(2) raw material (steel) flat, formed after importation, to be made into drum weldments.

The applicable subheading for item 1, drum weldments, will be 8431.49.9060, Harmonized Tariff Schedule of the United States (HTS), which provides for other parts of vibratory tamping machines and vibratory road rollers. The rate of duty will be 2.5 percent ad valorem.

Articles classifiable under subheading 8431.49.9060, HTS, which are products of Mexico are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. Enclosed is a partial copy of the booklet "Importing into the United States" and the appropriate pages to the Harmonized Tariff Schedule which should supply you with additional information about the GSP program.

Regarding item 2, raw material (steel) flat: Although you forwarded a general specification sheet, your inquiry dated August 2, 1990 does not directly respond to the informational request contained in our letter of July 5, 1990. Please submit a separate request for a ruling on flat rolled products. Prior to such a request please call National Import Specialist Paula Ilardi, telephone number (212) 466-5476, to discuss the specific details necessary to allow that office to issue a ruling.

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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