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April 1, 1999

CLA-2-87:RR:NC:MM:101 D88749

CATEGORY: CLASSIFICATION

TARIFF NO.: 8704.10.5020

Mr. Richard LeHouillier
Marcel Equipment Limited
1000 Progress Drive
London, Ontario, Canada N6N 1B8

RE: The tariff classification of a Terex 2766C 27 Ton Articulated Dump Truck from Scotland; an Aveling Barford RD40 40 Ton Payload Dump Truck from Scotland; a Volvo BM A25C 22.5 Ton Dump Truck from Sweden; a Caterpillar D30D 30 Ton Articulated Dump Truck from Great Britain; a Caterpillar D400D 40 Ton Articulated Dump Truck from Great Britain; a Trojan D232 27 Ton Articulated Dump Truck from Great Britain; and a Terex 3066C 30 Ton Articulated Dump Truck from Scotland

Dear Mr. LeHouillier:

In your letter dated March 3, 1999 you requested a tariff classification ruling.

You submitted brochures describing the Terex 2766C 27 Ton Articulated Dump Truck; an Aveling Barford RD40 40 Ton Payload Dump Truck; a Volvo BM A25C 22.5 Ton Dump Truck; a Caterpillar D30D 30 Ton Articulated Dump Truck; a Caterpillar D400D 40 Ton Articulated Dump Truck; a Trojan D232 27 Ton Articulated Dump Truck; and a Terex 3066C 30 Ton Articulated Dump Truck.

The Terex 2766C 27 Ton Articulated Dump Truck is a six wheel drive, diesel powered vehicle with a maximum speed of 28 miles per hour.

The Aveling Barford RD40 40 Ton Payload Dump Truck is a six wheel drive, diesel powered vehicle with a maximum speed of under 35 miles per hour.

The Volvo BM A25C 22.5 Ton Dump Truck is a six wheel drive, diesel powered vehicle with a maximum speed of 31.2 miles per hour.

The Caterpillar D30D 30 Ton Articulated Dump Truck is a four wheel drive, diesel powered vehicle with a maximum speed of 32 miles per hour.

The Caterpillar D400D 40 Ton Articulated Dump Truck is a six wheel drive, diesel powered vehicle with a maximum speed of 34.4 miles per hour.

The Trojan D232 27 Ton Articulated Dump Truck is a six wheel drive, diesel powered vehicle with a maximum speed of 25.8 miles per hour.

The Terex 3066C 30 Ton Articulated Dump Truck is a six wheel drive, diesel powered vehicle with a maximum speed of 28 miles per hour.

The applicable subheading for the Terex 2766C 27 Ton Articulated Dump Truck 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 Free.

The applicable subheading for the Aveling Barford RD40 40 Ton Payload Dump Truck 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 Free.

The applicable subheading for the Volvo BM A25C 22.5 Ton Dump Truck 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 Free.

The applicable subheading for the Caterpillar D30D 30 Ton Articulated Dump Truck 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 Free.

The applicable subheading for the Caterpillar D400D 40 Ton Articulated Dump Truck 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 Free. The applicable subheading for the Trojan D232 27 Ton Articulated Dump Truck 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 Free.

The applicable subheading for the Terex 3066C 30 Ton Articulated Dump Truck 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 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 212-637-7035.

Sincerely,

Robert B. Swierupski
Director,

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