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January 12, 2001

CLA©2©87:RR:NC:MM:106 G86009

CATEGORY: CLASSIFICATION

TARIFF NO.: 8701.90.5015

Mr. Brian Walsh
Barnes, Richardson & Colburn
303 East Wacker Drive
Suite 1100
Chicago, Illinois 60601

RE:Á???????ÁThe tariff classification of Unimog U400 and U500 multi©purpose tractors from Germany.

Dear Mr. Walsh:

Á???????ÁIn your letter dated December 22, 2000, on behalf of Freightliner LLC, you requested a tariff classification ruling. You submitted descriptive literature with your request.

Á???????ÁModels U400 and U500 are part of the multi©purpose series of Unimog tractors that have four wheels with rubber tires. These models are powered by a 4 or 6©cylinder direct©injection diesel engine and are available in a 4©wheel drive configuration. Other features for each model include a dual circuit brake system and a fully synchronized electro©pneumatic manual transmission. The U400 and U500 are rated at approximately 132©208 kW in horsepower. These tractors are shown being used in numerous applications, including snow removal, mowing applications, street cleaning and so on, and can accommodate a variety of implements such as plows, snow cutters, salt spreaders, vacuum sweepers, and cranes. You indicate that these tractors are constructed essentially for hauling or pushing vehicles, appliances or loads. The literature does not demonstrate a substantial actual use in agriculture.

Á???????ÁThe applicable subheading for the Unimog U400 and U500 multi©purpose tractors will be 8701.90.5015, Harmonized Tariff Schedule of the United States (HTS), which provides for other tractors with a net engine power of less than 223.8 kW. The rate of duty will be free.

Á???????ÁThis ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

???Á???????ÁA 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.


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