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March 2, 1999

CLA-2-40:RR:NC:N2:222 C89903

CATEGORY: CLASSIFICATION

TARIFF NO.: 4011.91.5000

Mr. Richard Kuskin
Foreign Tire Sales, Inc.
2204 Morris Ave.
Union N.J. 07083

RE: The tariff classification of Skid-Steer tires from China.

Dear Mr. Kuskin:

In your letter dated June 25,1998 you requested a tariff classification ruling.

You state that your company imports two sizes of tires from China. The tires are used on Bobcat machines and on the front of backhoes. You state that Bobcat machines were developed about 35 years ago to move bulk materials in barns. You claim that over the years the use of these machines has grown to include use for the movement of bulk materials in factories. This has become the dominant use of the machine. You believe that only about 10% of the use of these tires is on machines operating in barns.

The picture provided shows a tire with herringbone tread.

The applicable subheading for the skid steer tires for bobcat machines with herringbone tread will be 4911.91.5000 Harmonized Tariff Schedule of the United States (HTS), which provides for new pneumatic tires of rubber, other, having a herringbone or similar tread, other. The rate of duty will be free.

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 Alice R. Masterson at 212-637-7090.

Sincerely,


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