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April 21, 1999

CLA-2-90:RR:NC:MM:105 D89592

CATEGORY: CLASSIFICATION

TARIFF NO.: 9031.80.8085

Ms. Lisa Pulisciano
Chase Leavitt & Company
10 Dana Street
Portland, ME 04112

RE: The tariff classification of a Truckalyser Vehicle Inspection Trailer from Australia

Dear Ms. Pulisciano:

In your letter, dated March 19, 1999, for L & H Corporation, you requested a tariff classification ruling.

The trailer, which is not self-propelled, but towed by an automobile, is about 19 feet long and 8 feet wide and weighs, not including ramps, about 4400 pounds. Trucks will be driven up onto it after it has been parked in its temporary test location. Its basic purpose is the check the safety related systems in those trucks.

As we understand your submission, in particular the 3-18-99 statement from M. Stewart, its main elements, aside from the trailer structure itself, are a roller brake tester to determine the maximum strength of the braking force on each wheel, shaker plates to push from side to side the lower edge of the wheels to see if this reveals any weaknesses or looseness in the suspension system, microprocessors to evaluate the data collected, and a strip printer to record the test results. Available accessories include 5 ton scissor lift jacks, load cells for axle weighing, speedometers, sideslip testers (to determine wheel toe in/out), test result display panels, clutch calibration kits, air system diagnostic kits, weather proof housings, integrated diesel smoke meters, and headlight alignment testers.

We assume the basic Vehicle Inspection Trailer will be imported in a single shipment.

The applicable subheading for the this item will be , 9031.80.8085 Harmonized Tariff Schedule of the United States (HTS), which provides for “other”, non-optical, measuring or checking instruments, appliances and machines. The general rate of duty will be 1.7 percent ad valorem.

If imported in the same shipment, the accessories will also be classified in that HTS as a “functional unit” with the testing trailer. If imported separately, different classifications may apply depending on its precise characteristics.

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 James Sheridan at 212-637-7037.

Sincerely,

Robert B. Swierupski
Director,
National Commodity

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