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July 26, 1999

CLA-2-84:RR:NC:MM:106 E84933

CATEGORY: CLASSIFICATION

TARIFF NO.: 8431.49.9060

Mr. Arlen Epstein
Tompkins & Davidson, LLP
One Astor Plaza
1515 Broadway
New York, NY 10036-8901

RE: The tariff classification of an axle assembly from Italy

Dear Mr. Epstein:

In your letter dated July 19, 1999, on behalf of the Ingersoll-Rand Company, you requested a tariff classification ruling. You included descriptive literature with your request.

You are seeking the classification of an axle assembly designed for Ingersoll-Rand vibratory soil compactors. The item in question is a rigid, planetary-type axle featuring an integral emergency/parking brake system as part of the axle assembly. This brake system is spring-applied and hydraulically-released and is not intended to provide a complete braking function.

The applicable subheading for the axle assembly with an integral emergency/parking brake system will be 8431.49.9060, Harmonized Tariff Schedule of the United States (HTS), which provides for other parts suitable for use solely or principally with the machinery of headings 8425 to 8430. 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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