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NY 873181





April 15, 1992

CLA-2-84:S:N:N1:106-873181

CATEGORY: CLASSIFICATION

TARIFF NO.: 8430.69.0000

Ms. Marilyn-Joy Cerny
Siegel, Mandell & Davidson, P.C.
One Astor Plaza
1515 Broadway
New York, NY 10036

RE: The tariff classification of Pro-Mole pneumatic piercing tools from England.

Dear Ms. Cerny:

In your letter dated April 7, 1992, on behalf of Ingersoll- Rand Company, you requested a tariff classification ruling. You included descriptive literature with your request.

The subject merchandise consists of a line of pneumatic piercing tools, Pro-Moles, which provide a trenchless alternative to laying underground utilities, pipes, cable and the like under highways, runways, waterways and so on. These air-operated impact hammers (or moles) have vibrating/reciprocating head assemblies that dig through a wide range of soils under existing surfaces without obstruction to the surface. The tool is inserted in the soil in a "launching" hole in the desired direction. Powered by an air compressor, the Pro-Mole digs a hole through the soil at a diameter dependent on the size of the tool and is recovered in a receiving hole at the other end of the work. The laying operation is performed either simultaneously with the hole penetration or as a secondary function.

The Pro-Mole tools are available in diameters ranging from 1.8 inches to 11.8 inches, in lengths from 31.5 inches to 84 inches and in weights from 15.5 pounds to 1680 pounds. As pictured, the Pro-Moles have smooth outer surfaces with a pointed head design. Stepped and shackled heads are also available.

The applicable subheading for the pneumatic piercing tools will be 8430.69.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other moving, grading, leveling, scraping, excavating, tamping, compacting, extracting or boring machinery, for earth, minerals or ores; other, not self- propelled. The rate of duty will be 2.5 percent ad valorem. 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

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