NY 892824 - The tariff classification of automatic chocks from Canada - United States International Trade Commision Rulings

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NY 892824

December 23, 1993

CLA-2-84:S:N:N1:103 892824

CATEGORY: CLASSIFICATION

TARIFF NO.: 8479.89.9099

Mr. Stephen J. Pepi
Great Lakes Customs Brokerage, Inc.
PO Box 740
Buffalo, NY 14207

RE: The tariff classification of automatic chocks from Canada

Dear Mr. Pepi:

In your letter dated November 15, 1993 on behalf of Kelley Atlantic Ltd. you requested a tariff classification ruling.

The Auto Chock truck restraint system is an automatic wheel chocking device designed to chock (block) the wheel of a truck, thus holding the truck at a loading dock. The hydraulically operated chock is composed of a curved weldment of one-quarter inch steel plate, twelve inches wide and with a twenty-one inch engagement radius, in a steel housing. The system also includes operating controls, as well as hydraulic power and signaling equipment.

The Auto Chock housing is installed in a pit in the driveway leading to the dock. The truck is backed into position against the dock bumpers and its brakes are set. A button on the control panel is then pushed, causing warning lights on the exterior chock and the interior panel to turn red and an audible alarm to sound. The chock rises from its stored position until it presses against the truck tire, at which point the inside light turns green. If the chock travels its full distance without contacting the tire, a fault alarm sounds. After loading/unloading of the truck is completed, the control panel button is pushed, thus operating the warning lights and retracting the chock.

The applicable subheading for the Auto Chock truck restraint system will be 8479.89.9099, Harmonized Tariff Schedule of the United States (HTS), which provides for machines and mechanical appliances having individual functions, not specified or included elsewhere...:other machines and mechanical appliances: other: other: other. The duty rate will be 3.7 percent ad valorem.

Goods classifiable under subheading 8479.89.9099, HTS, which have originated in the territory of Canada, and are imported on or prior to December 31, 1993, will be entitled to a free rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations. Effective January 1, 1994, with the implementation of the North American Free Trade Agreement (NAFTA), preferential tariff treatment for goods under the FTA will be discontinued.

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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