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April 23, 1999

CLA-2-87:RR:NC:MM:106 E80788

CATEGORY: CLASSIFICATION

TARIFF NO.: 8701.90.1015

Mr. G. Gilstorf
AGCO Corporation
4205 River Green Parkway
Duluth, GA 30096-2568

RE: The tariff classification of the Massey-Ferguson 1165 tractor from Japan.

Dear Mr. Gilstorf:

In your letter dated April 15, 1999 you requested a tariff classification ruling. You submitted descriptive literature with your request.

The MF 1165 wheeled tractor is powered by a 4-cylinder diesel engine and is available in a 4-wheel drive configuration. Other features include a 3-point hitch, oil-cooled disc brakes, and a 16F/16R fully synchronized shuttle transmission. This tractor is rated at approximately 37 PTO horsepower (27.6kW). The MF 1165 will be used in farming and can accommodate a variety of agricultural implements such as plows, rotary cutters, loaders or harrows.

The applicable subheading for the MF 1165 tractor will be 8701.90.1015, Harmonized Tariff Schedule of the United States (HTS), which provides for other tractors suitable for agricultural use with a PTO of 22.4 kW or more but less than 29.8 kW. 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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