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NY 865623


AUG 23 1991

CLA-2-84:S:N:N1:103 865623

CATEGORY: CLASSIFICATION

TARIFF NO.: 8431.39.0080; 7325.99.5000; 8607.99.5000

Mr. Brian McCready
Inspira Systems Ltd.
14728-116 Avenue
Edmonton, Alberta, Canada T5M 3G1

RE: The tariff classification of a wheel, rail threader, rail clamp, and undercutter chain from Canada

Dear Mr. McCready:

In your letter dated July 16, 1991 you requested a tariff classification ruling.

You submitted photographs and a written description of four articles. Item 1 is a grooved wheel with a flange mounted on each side. It is made of polyurethane with steel reinforcing and a steel hub. Two wheels will be mounted in a bogie-like housing and then attached to each of four corners of an ore cart. The wheels permit the cart to travel along an overhead cable system in order to transport the ore from a mine to a shipping or refining facility.

Item 2 is described as a rail threader and is made from steel castings or alloy bar. It is used to thread a rail into position so that it can be fastened to the ties. The rail threaders are suspended from cranes, which move along the rail bed and pull the new rail into position. It can then be set for the proper gauge and position. The rail threaders are controlled and operated by the crane operator.

Item 3, a rail clamp, is made from steel castings or alloy bar. It is suspended from a crane or other motorized vehicle and is then clamped onto a steel rail to pull it from the side of the railbed onto the railbed tie. The clamp is normally used with long rails.

Item 4 is described as an undercutter chain made up of two parts, the sub link and the shovel link. In a telephone conversation with National Import Specialist Patrick Wholey, you identified this item as a highly specialized part of an on-track maintenance machine called an undercutter car, used in the maintenance-of-way sector of the railroad industry. The undercutter chain serves the dual function of undercutting the rocky substrate of the rail bed, called track ballast, and conveying it to the top of the machine for sorting and cleaning. The ballast is subsequently returned via another conveyor for redepositing on the track bed. The undercutter car is a self- propelled vehicle powered by diesel engine and the undercutter chain is specifically designed for this equipment.

The applicable subheading for item 1, the grooved wheel, will be 8431.39.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for parts suitable for use solely or principally with other lifting, handling, loading or unloading machinery: other: other. The duty rate will be 2 percent ad valorem.

The applicable subheading for items 2 and 3, the rail threader and rail clamp, will be 7325.99.5000, HTS, which provides for other cast articles of iron or steel, other. The rate of duty will be 5.7 percent ad valorem.

Finally, the applicable subheading for item 4, the undercutter chain, will be 8607.99.5000, HTS, which provides for parts of railway or tramway locomotives or rolling stock, other. The duty rate will be 3.9 percent ad valorem.

Goods classifiable under subheadings 8431.39.0080, 7325.99.5000, and 8607.99.5000, HTS, which have originated in the territory of Canada, will be entitled to 0.8, 3.9, and 1.5 percent rates of duty respectively under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

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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