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March 24, 1999

CLA-2-84:RR:NC:1:103 D88830

CATEGORY: CLASSIFICATION

TARIFF NO.: 8428.90.0090

Mr. Anders G. Frick
FMT Aircraft Gate Support Systems Canada, Inc. 208 Evans Avenue
Toronto, Ontario M8Z 1J7

RE: The tariff classification of passenger boarding bridges from Sweden

Dear Mr. Frick:

In your letter dated February 26, 1999 you requested a tariff classification ruling.

You submitted a brochure describing the FMT Mobile Telescopic Bridge for use in airports, as well as a drawing of a Mobile Elevating Gangway for use at cruise ship terminals. These are mechanical devices which act as embarking and disembarking passageways between the terminal building and an aircraft or ship. The Mobile Telescopic Bridge basically consists of a rotunda which connects to the terminal building, three glass-walled telescoping tunnels, a hydraulic lift column resting on hydraulic twin wheel bogies, and an adjustable cab containing a microprocessor based interactive operator control panel, electronic bumper, and extendable canopy. The hydraulically driven twin wheel bogies and lift column allow the bridge to be maneuvered smoothly and accurately in order to properly align the canopy with the aircraft doorway. An Aircraft Parking and Information System utilizing a laser range finder and digital camera can be used to guide the aircraft pilot to the correct stop position and transmit this data to the bridge control, thus enabling an automatic connection. In the event of a power loss the bridge can be retracted manually.

While the drawing simply depicts the Mobile Elevating Gangway, we assume it can be mechanically elevated and lowered in a manner similar to the FMT Mobile Telescopic Bridge in order to accommodate different vessels.

The applicable subheading for the Mobile Telescopic Bridge and Mobile Elevating Gangway will be 8428.90.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for other lifting, handling, loading or unloading machinery: other machinery: other: other. The duty rate will be free.

Your inquiry does not provide enough information for us to give a classification ruling on software for use in controlling the movement and positioning of the bridge and gangway. Your request for a classification ruling should include a statement as to the medium on which the software resides (CD-ROM, floppy diskette, hard disk drive, etc.), as well as a statement specifying the characteristics of the software (e.g., instructions, data, sound, image, interactivity).

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 212-637-7027.

Sincerely,

Robert B. Swierupski
Director,

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