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NY 804733




Dedember 2, 1994

CLA-2-84:S:N:N1:106 804733

CATEGORY: CLASSIFICATION

TARIFF NO.: 8430.10.0000

Mr. John Wolper
Kaerntner Group, Inc.
P.O. Box 771
Kimberton, PA 19442

RE: The tariff classification of hydraulic ram equipment from Austria.

Dear Mr. Wolper:

In your letter dated November 26, 1994 you requested a tariff classification ruling. You submitted descriptive literature with your request.

There are three models of Kahlbacher hydraulic ram equipment under consideration: type GT/RH, type 200 M and type 300 M. This group of ram units incorporates a hydraulically powered vibratory hammer unit mounted on a guide tower. These machines can be mounted on any carrier vehicle which can provide hydraulic power from its own system. Hydraulic power can also be supplied by a separate auxiliary power unit.

The purpose of these units is the installation of wood and steel guard rail posts, sign posts, fence posts, utility posts and piles. In operation, the hammer weight is brought down on the head of the pile to be driven and through the hydraulically created vibratory action of the hammer weight the pile is driven into the earth. The model GT/RH has a wedge-shaped ram which creates a void in the soil as it is driven down. The pile is then positioned into the hole. This is useful for the placement of fragile posts of plastic. As an option, the hydraulic hammer units cab be fitted with a hydraulically powered extractor.

The applicable subheading for the Kahlbacher hydraulic ram models GT/RH, 200 M and 300 M will be 8430.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for pile-drivers and pile-extractors. 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
Area Director
New York Seaport

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