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NY H86823




January 11, 2002

CLA-2-87:RR:NC:MM:106 H86823

CATEGORY: CLASSIFICATION

TARIFF NO.: 8701.90.1050; 8701.90.1055

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

RE: The tariff classification of AGCO RT130 and RT145 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 18F/6R Powershift transmission. The AGCO RT130 tractor is rated at approximately 130 PTO horsepower (96.9 kw) while the AGCO RT145 is rated at approximately 145 PTO horsepower (108.1 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 RT130 tractor will be 8701.90.1050, Harmonized Tariff Schedule of the United States (HTS), which provides for other tractors suitable for agricultural use with a PTO of 89.5 kw or more but less than 104.4 kw. The rate of duty will be free.

The applicable subheading for the AGCO RT145 tractor will be 8701.90.1055, HTS, which provides for other tractors suitable for agricultural use with a PTO of 104.4 kw or more but less than 119.4 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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