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NY D84933




December 11, 1998

CLA-2-84:RR:NC:1:103 D84933

CATEGORY: CLASSIFICATION

TARIFF NO.: 8425.49.0000; 8431.10.0090; 8485.90.0080

Mr. Frank M. Murphy
Norman G. Jensen, Inc.
PO Box 8008
Port Huron, MI 48061-8008

RE: The tariff classification of trailer jacks and related articles from Canada

Dear Mr. Murphy:

In your letter dated November 16, 1998 on behalf of Holland Hitch Company you requested a tariff classification ruling.

With your inquiry you submitted literature describing jacks which are used with fifth wheel and tongue type trailers. The Mark V landing gear is permanently attached to the underside of the trailer and is designed to lift and stabilize the trailer so that it may be disengaged from the fifth wheel of a tractor. It basically consists of a leg made from steel tubing, a flat foot pad, a combination screw and nut, and a gear mechanism which is manually cranked by means of a z-shaped handle. The inner portion of the leg can be cranked down when the trailer is disengaged from the tractor to maintain the trailer in a stable, level position. When the trailer is connected to the tractor the landing gear leg is cranked to a retracted position. The Mark V has a lift capacity of 50,000 pounds and a static load capacity of 180,000 pounds. Depending on the model, the inner leg can be extended from 9.4 to 18.7 inches.

The JS-300 series of dolly jacks are made of steel and are intended to be attached to the tongue of a trailer or dolly. Like the Mark V landing gear, they utilize a screw and manually cranked gear to extend a tubular-shaped leg when the trailer is disengaged from a vehicle's trailer hitch, thus stabilizing the trailer. The foot may consist of a steel, plastic, or solid rubber wheel, a pneumatic tire, or a castor. They have a lifting capacity of 6000 pounds, and can be extended up to 15 inches.

A Z-shaped steel cranking handle is used to operate the landing gear and dolly jack. The handle features a "double-D" end which enables it to be attached to the cranking mechanism with a bolt. According to your letter, it is exclusively used with Mark V landing gears and JS-300 dolly jacks.

The landing gears and dolly jacks incorporate steel grease fittings to permit proper maintenance of their cranking mechanism. These fittings, which you referred to as grease zerks, are threaded on one end so that they may be screwed into the cranking mechanism, while the other end is configured to accept a grease gun. Unlike the cranking handle, you stated that these fittings are used with many different products.

The applicable subheading for the Mark V landing gear and the JS-300 dolly jack will be 8425.49.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other jacks. The rate of duty will be 0.4 percent ad valorem.

The applicable subheading for the crank handles, imported separately, will be 8431.10.0090, HTS, which provides for parts suitable for use solely or principally with the machinery of heading 8425: other. The rate of duty will again be 0.4 percent ad valorem.

Finally, the applicable subheading for the grease zerks, imported separately, will be 8485.90.0080, HTS, which provides for machinery parts, not containing electrical connectors, insulators, coils, contacts or other electrical features, and not specified or included elsewhere (in chapter 84): other: other. The rate of duty will be 4.3 percent ad valorem.

Classification of the landing gear, dolly jack, and crank handle as parts of trailers in subheading 8716.90.50, HTS, as suggested in your letter, is precluded by virtue of note 2(e) to section XVII. In addition, classification of the grease zerks as other articles of iron or steel in subheading 7326.90.85, HTS, as you also suggested, is precluded by virtue of note 1(f) to section XV.

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,

Robert B. Swierupski
Director,

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