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NY A89554




December 11, 1996

CLA-2-84:RR:NC:1:103 A89554

CATEGORY: CLASSIFICATION

TARIFF NO.: 8479.89.9598

Mr. Sauli Niinist”
Finn-Partners, Inc.
1100 Quail Street, Suite 207
Newport Beach, CA 92660

RE: The tariff classification of a landfill compactor from Finland

Dear Mr. Niinist”:

In your letter dated November 12, 1996 you requested a tariff classification ruling.

With your inquiry you submitted a brochure describing the Tana 40, a self-propelled machine designed for use at a sanitary landfill. The machine basically consists of a large articulated frame mounted on two drums with a hydraulically operated landfill blade attached to the front of the unit. It also features an enclosed operator's cab mounted over the front compaction drum, a 450 horsepower diesel engine mounted over the rear drum, and a hydrostatic transmission. The two compaction drums, which provide the unit with mobility, each have 234 solid steel feet projecting from their surface. The design of the Tana 40, along with its heavy, rigid frame, allows fifty percent of the weight of the machine to be concentrated on a single foot for maximum compaction. The drums are kept clean by means of two specially designed scrapers. The unit is 8.34 meters long, 4.34 meters wide, and weighs 40,000 kilograms. It is capable of compacting refuse to an average density of over 1,000 kilograms per cubic meter.

The applicable subheading for the Tana 40 landfill compactor will be 8479.89.9598, Harmonized Tariff Schedule of the United States (HTS), which provides for machines and mechanical appliances having individual functions, not specified or included elsewhere (in chapter 84): other machines and mechanical appliances: other: other: other: other. The current rate of duty is 3.2 percent ad valorem. In 1997 the rate of duty will be reduced to 3 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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