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NY G82921




November 17, 2000

CLA-2-84:RR:NC:1:103 G82921

CATEGORY: CLASSIFICATION

TARIFF NO.: 8428.90.0090

Mr. Jerry J. Gambino Jr.
Danzas AEI Intercontinental
44 Jetview Drive
Rochester, NY 14624-4904

RE: The tariff classification of a lifting machine from an unspecified country

Dear Mr. Gambino:

In your letter dated Oct. 25, 2000 on behalf of Gorbel Inc. you requested a tariff classification ruling.

Literature submitted with your inquiry describes the G-Force™ as an intelligent overhead lifting device which enables a worker to easily lift and maneuver loads weighing up to 150 pounds. It is designed for use in the manufacturing, distribution, medical and assembly industries where high cycle lifting and precise positioning are required. The G-Force™ basically consists of a housing containing an electric servo motor and digital servo controller, a wire rope and hook, and a load sensor. The servo controller can sense the speed of the operator’s movement and adjust the unit’s lifting speed accordingly, thus reducing operator fatigue while increasing productivity. A fail-safe braking system locks the G-Force™ in place in the event of a power failure. Load loss protection and capacity overload protection systems are also incorporated in the unit. According to the submitted brochure, the unit makes any load weighing up to 150 pounds feel like it weighs only 3 pounds.

The applicable subheading for the G-Force™ lifting machine 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 rate of duty is dependent on the country of origin. Assuming the G-Force™ is produced in a country entitled to the rates of duty found in the General rates of duty column of the HTS, 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 Alan Horowitz at 212-637-7027.

Sincerely,

Robert B. Swierupski
Director,

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