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March 2, 1999

CLA-2-87:RR:NC:MM:106 D88141

CATEGORY: CLASSIFICATION

TARIFF NO.: 8701.90.1030; 8424.81.1000; 8433.59.0090; 8436.80.0090

Mr. Matt Andros
Andros Engineering Corporation
3250 #B3 El Camino Real
Atascadero, CA 93422

RE: The tariff classification of tractors with various attachments from France.

Dear Mr. Andros:

In your letter dated February 5, 1999, you requested a tariff classification ruling on various goods used in agriculture. You submitted descriptive literature with your request.

The 3400 wheeled tractor is an "over the row" tractor designed for use in vineyard applications. The tractor is designed to travel over the row and carries one or more attachments to perform a variety of vineyard tasks. Attachments are interchangeable and are designed to attach and detach from the tractor quickly. This tractor is rated at approximately 48.3 PTO horsepower (36 kW).

The sprayer attachment mounts on the rear of the tractor and is used to apply a water/chemical/air mixture to the vine leaves for disease and pest control and/or to the ground for disease and weed control. The spray mixture is carried through the vineyard in two 1000 liter saddle tanks. The spray mixture is drawn from the tanks by a pumping and regulation system that is driven by the PTO source on the tractor. The sprayer is detached from the tractor when not in use.

The harvester, or harvesting attachment, removes ripened grapes from the vine. Removal is performed by a set of oscillating plastic rods that straddle the vine row. Grapes and leaves fall onto a collector/conveyor system. As they travel along the conveyor, leaves are removed via a suction fan. The cleaned grapes are then transported via a series of elevator and flat conveyors to either a transport tank mounted on the harvester attachment, or to a discharge conveyor mounted on the harvester attachment that places the grapes into a separate tank that is being pulled alongside the tractor and harvester attachment. The wire lifting and tying attachment mechanically lifts pairs of movable wires that run longitudinally along the vine row, and clips them in place, holding the vine canopy in a vertically oriented position. This optimizes the growing environment and maximizes the photosynthesizing capability of the vines' leaf canopy.

The trimmer/hedger attachment consists of vertically oriented cutter bars that are positioned on either side of the vine row. New growth is cut off by the cutter bars and falls to the ground.

The pre-pruner attachment is used on the tractor to remove the majority of dormant canes, thus reducing the amount of material that will be required to be pruned by hand.

The applicable subheading for the 3400 tractor will be 8701.90.1030, Harmonized Tariff Schedule of the United States (HTS), which provides for other tractors suitable for agricultural use with a PTO of 29.8 kW or more but less than 44.8 kW. The rate of duty will be free.

The applicable subheading for the sprayer attachment will be 8424.81.1000, HTS, which provides for other agricultural sprayers. The rate of duty will be free.

The applicable subheading for the harvesting attachment will be 8433.59.0090, HTS, which provides for other harvesting machinery; other, other. The rate of duty will be free.

The applicable subheading for the wire lifting and tying attachment will be 8436.80.0090, HTS, which provides for other agricultural machinery; other, other, other. The rate of duty will be free.

The applicable subheading for the trimmer/hedger attachment will be 8436.80.0090, HTS, which provides for other agricultural machinery; other, other, other. The rate of duty will be free. The applicable subheading for the pre-pruner attachment will be 8436.80.0090, HTS, which provides for other agricultural machinery; other, other, 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 Patrick J. Wholey at 212-637-7036.

Sincerely,

Robert B. Swierupski
Director,

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