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NY A85233





July 24, 1996

CLA-2-84:RR:NC:1:103 A85233

CATEGORY: CLASSIFICATION

TARIFF NO.: 8428.90.0090

Mr. Scot Orgish
Consulate General of Switzerland
1000 Louisiana, Suite 5670
Houston, TX 77002

RE: The tariff classification of telescoping forks from Switzerland

Dear Mr. Orgish:

In your letter dated June 19, 1996 on behalf of Sieber Systemtechnik you requested a tariff classification ruling.

You submitted a brochure describing telescopic forks for use in a variety of material handling applications. The forks are made of metal and basically consist of a frame, extendable forks, a chain drive, and a motor. The forks rest on rollers which allow them to extend forward from the frame while minimizing wear and noise. The amount of extension is limited by means of micro-switches or absolute-value sensors. The units also include mechanical stops as an added safety feature. They are powered by electric or hydraulic motors, and incorporate damping elements for smooth starting and stopping of the forks. Their drive shaft can be fitted with a clutch so that a single fork can be extended while the other fork remains at rest. The telescoping fork units are available in several versions, including single fork, multiple forks, inclinable forks, and units with eccentric lift.

The applicable subheading for the telescoping forks, complete with motor and drive, will be 8428.90.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for other lifting, handling, loading or unloading machinery: other machinery: other: other. The rate of duty will be 1.2 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Alan Horowitz at 212-466-5494.

Sincerely,

Roger J. Silvestri
Director

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