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NY 890191




September 15, 1993

CLA-2-84:S:N1:106-890191

CATEGORY: CLASSIFICATION

TARIFF NO.: 8436.80.0020

Mr. Dave Walser
Arthur J. Humphreys Div.
Border Brokerage Co., Inc.
P.O Box 249
Sumas, WA 98295

RE: The tariff classification of a tree pruning machine from Switzerland

Dear Mr. Walser:

In your letter dated September 3, 1993, on behalf of Mr. Tom Mrion of Everson, WA, you requested a tariff classification ruling. You have enclosed descriptive and illustrative literature.

The imported product is a tree pruning machine that is used in the forestry industry to enhance the value of timber. Your submission shows two models of the machine: the KS 31S is listed as a tree pruning machine with normal equipment, and the KS 31F is listed as a tree pruning machine with wireless operating. The machine has been designed to operate up to a working height of 66 feet.

The tree pruning machine can be used for all straight coniferous trees having a trunk diameter of 4 to 12 inches. Numerous operations which, in the past, could be carried out by hand only, can now be performed by means of the tree pruning machine. Examples include dry pruning, green pruning (in the case of the Oregon pine and other types of trees), obtaining ornamental twigs, seed collection, reducing the risk of forest fires, improved drying of forest paths through the elimination of drip water, etc.

The tree pruner is operational when the machine is clamped to the tree trunk, the rocker arms are closed, the operating height is set, the engine is engaged, and the gear lever is operated. The automatic pruning operation will then start with the machine climbing up the tree to a pre-set height, sawing off branches close to the trunk, and then reversing itself and returning back down the tree to its starting point. The bark suffers no damage either from the chassis or from the sawing device itself. The tree pruning machine consists of three basic elements, the hinged seamless steel tubular frame with a climbing chassis; the power unit consisting of a 2-stroke gasoline engine and an automatic gear assembly; and the sawing device that consists of a special plane toothed chain, a special cutter bar and an automatic lubricating system.

The applicable subheading for the tree pruning machine will be 8436.80.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for forestry 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
Area Director

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