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NY 801876




September 19, 1994

CLA-2-84:S:N:N1:106-801876

CATEGORY: CLASSIFICATION

TARIFF NO.: 8436.80.0090

Mr. Richard J. Housman
James J. Boyle & Co.
371 Allerton Avenue
S. San Francisco, CA 94080

RE: The tariff classification of wood chippers from China.

Dear Mr. Housman:

In your letter dated September 1, 1994, on behalf of Tool Barn Inc., you requested a tariff classification ruling. You included descriptive literature with your request.

The wood chippers in question are the Industrial Wood Chipper Model 4 and the Model 6. The Model 4 can accommodate wood pieces up to 4 inches in diameter while the Model 6 can handle pieces up to 6 inches in diameter. The chippers are designed to operate through the PTO of a tractor and are intended for use in such areas as parks, orchards, vineyards, farms, and large estates. Wood is placed into an infeed chute where a flywheel blade cuts the material in to one-quarter inch pieces. The chips are discharged by the fins on the back of the flywheel due to the blower effect of the design. The chips are frequently used as a bedding material or as cover material.

The applicable subheading for the wood chippers will be 8436.80.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for other agricultural or horticultural machinery. 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

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