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NY K82028




January 8, 2004
CLA-2-87:RR:NC:MM:106 K82028

CATEGORY: CLASSIFICATION

TARIFF NO.: 8701.90.5015; 8716.40.0000

Mr. Steve Enderson
Byrnes
880 Mitten Road, Ste C
Burlingame, CA 94010

RE: The tariff classification of road trains from China.

Dear Mr. Enderson:

In your letter dated December 2, 2003, on behalf of Royal Summit, Inc., you requested a tariff classification ruling. You submitted photographs with your request.

The articles in question, road trains, are combination tractors and trailers used to transport guests in and around festivals, fairgrounds, parties, parades and other such events. The tractor is designed to look like a train “locomotive” pulling passenger coaches. You indicate that the motors are electric and are based upon golf-cart technology. The tractor utilizes pneumatic wheels that can run on various surfaces such as gravel, grass, dirt and paved roads. You state that the motors and transmissions are made in the United States, then exported to China, where they are assembled into the “locomotives”. Shipments will contain one “locomotive” and several coaches.

The applicable subheading for the tractor portion of the road trains 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.

The applicable subheading for the trailer portion of the road trains will be 8716.40.0000, (HTS), which provides for other trailers and semi-trailers. 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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