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NY 881211



December 16, 1992

CLA-2-86:S:N:N3:113 881211

CATEGORY: CLASSIFICATION

TARIFF NO.: 8609.00.0000

Ms. Catherine Weeks
United Customhouse Brokers
9950 Marconi Drive, Suite 101
Otay Mesa, CA 92173

RE: The tariff classification of open top containers from Mexico

Dear Ms. Weeks:

In your letter dated December 7, 1992, on behalf of Hyundai Precision America, Inc., you requested a tariff classification ruling.

The merchandise is a garbage container. It is 48 feet long and has one swing door at the rear for cargo dumping. The container is designed for the carriage of compacted garbage by road highway, double stack rail car and container/chassis on flat car. It is constructed in accordance with ISO standards and AAR- M930 specifications for construction of containers to be used principally in the rail and highway modes of transport. It is an open top container with provisions for installation of removable polyester covers. The containers have corner fittings for securing them to a rail or road vehicle, and for lifting and dumping. This type of container is recognized by Jane's Freight Containers, an independent authority, to be an intermodal container.

The applicable subheading for the garbage container will be 8609.00.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for containers ... specially designed and equipped for carriage by one or more modes of transport. 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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