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January 4, 1999

CLA-2-87:RR:NC:MM:101 D86039

CATEGORY: CLASSIFICATION

TARIFF NO.: 8704.10.5020

Mr. Craig M. Schau
Attorney-In-Fact
Emery Customs Brokers
6940A Engle Road
Middleburg Heights, OH 44130

RE: The tariff classification of Moxy Dump Trucks from Norway

Dear Mr. Schau:

In your letter dated December 15, 1998 you requested a tariff classification ruling.

You submitted brochures depicting Moxy Dump Trucks Models MT 30, MT 36, and MT 40 having load capacities of 30 tons, 36 tons, and 40 tons, respectively. These dump trucks are of the Articulated type, six wheel drive, off road and rear dump.

The applicable subheading for the Moxy Dump Trucks will be 8704.10.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for Motor vehicles for the transport of goods: Dumpers designed for off-highway use: Other...Rear dump: With a capacity of 40.8 metric tons or less.... The rate of duty will be duty 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 Robert DeSoucey at 212-466-5667.

Sincerely,

Robert B. Swierupski
Director,

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