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NY H86822




January 10, 2002

CLA-2-87:RR:NC:MM:106 H86822

CATEGORY: CLASSIFICATION

TARIFF NO.: 8701.90.1040; 8701.90.1045

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

RE: The tariff classification of AGCO RT95 and RT115 tractors from France.

Dear Mr. Gilstorf:

In your letter dated December 18, 2001, based on a request that was originally submitted on August 31, 2001, prior to the events that took place on September 11, 2001, you requested a tariff classification ruling. You submitted descriptive literature with your request.

These wheeled tractors are powered by a Cummins 6-cylinder diesel engine and are available in either a 2 or 4-wheel drive configuration. Other features include a 3-point hitch, wet disc brakes and a standard 32F/32R Auto Quadrashift transmission. The AGCO RT95 tractor is rated at approximately 95 PTO horsepower (70.8 kw) while the AGCO RT115 is rated at approximately 115 PTO horsepower (85.7 kw). Both models 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 AGCO RT95 tractor will be 8701.90.1040, Harmonized Tariff Schedule of the United States (HTS), which provides for other tractors suitable for agricultural use with a PTO of 59.7 kw or more but less than 74.6 kw. The rate of duty will be free.

The applicable subheading for the AGCO RT115 tractor will be 8701.90.1045, HTS, which provides for other tractors suitable for agricultural use with a PTO of 74.6 kw or more but less than 89.5 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 646-733-3013.

Sincerely,

Robert B. Swierupski
Director,

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