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NY K81257




December 9, 2003
CLA-2-84:RR:NC:1:103 K81257

CATEGORY: CLASSIFICATION

TARIFF NO.: 8428.90.0090

Mr. Adrian Boslooper
Air Commerce Customs Broker, Inc.
176-20 148th Avenue
Jamaica, NY 11434

RE: The tariff classification of a building roofcar from Australia

Dear Mr. Boslooper:

In your letter dated November 3, 2003 on behalf of E.W. Cox USA Inc. you requested a tariff classification ruling.

The model Hawk roofcar, referred to as a building maintenance unit in your letter, is a lifting machine which moves on rails located along the perimeter of a building’s roof. The building maintenance unit basically consists of an aluminum platform 19 feet in length and an electrically powered mobile base on which is mounted a fixed length jib arm and a drum hoisting mechanism. The jib arm and hoist allow the platform to be raised or lowered along the side of the building so that workmen can perform routine exterior building maintenance such as window cleaning, painting and caulking. The unit has a maximum hoist speed of 39 feet per minute, and a 750 pound safe working load. It incorporates various safety features such as overspeed and slack rope sensors, a secondary independent disk brake system, and an intercom for communicating with the building monitor room.

The applicable subheading for the Hawk building maintenance unit 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 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 646-733-5010.

Sincerely,

Robert B. Swierupski
Director,

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