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NY K83527




March 17, 2004

CLA-2-84:RR:NC:1:103 K83527

CATEGORY: CLASSIFICATION

TARIFF NO.: 8479.89.9860

Ms. Cheryl Redditt
Exel Global Logistics Inc.
611 Lambert Pointe Drive
St. Louis, MO 63042

RE: The tariff classification of a tire changer from Italy

Dear Ms. Redditt:

In your letter dated February 5, 2004 on behalf of Hunter Engineering Company you requested a tariff classification ruling.

The Model TC3250 Tire Changer is used in automobile service centers, garages, and similar establishments to remove a tire from its metal rim and then properly mount another tire on the rim. The wheel is clamped onto a platform and the tire is separated from the rim. The wheel clamping system adjusts for internal or external clamping of wheels up to 22”. All functions are driven by compressed air. Maximum space dimensions are 43” L x 72” H x 55” W.

The applicable subheading for the Model TC3250 Tire Changer will be 8479.89.9860, Harmonized Tariff Schedule of the United States (HTS), which provides for machines and mechanical appliances having individual functions, not specified or included elsewhere (in chapter 84): other machines and mechanical appliances: other: other: other: automotive maintenance machines. The rate of duty will be 2.5 percent ad valorem. Please note that parts and accessories for this unit will not be classifiable in this subheading.

In your letter, you also inquired about replacement parts which you state are “specifically designed to fit in the tire changer machine” and “not imported for any other use”. Note 2 to section XVI states that, subject to certain exclusions found in note 1 to section XVI, note 1 to chapter 84 and note 1 to chapter 85, parts of machines (not being parts of the articles of heading 8484, 8544, 8545, 8546 or 8547) are to be classified according to the following rules:

(a) Parts which are goods included in any of the headings of chapters 84 or 85 (other than headings 8409, 8431, 8448, 8466, 8473, 8485, 8503, 8522, 8529, 8538 and 8548) are in all cases to be classified in their respective headings;

(b) Other parts, if suitable for use solely or principally with a particular kind of machine, or with a number of machines of the same heading (including a machine of heading 8479 or 8543) are to be classified with the machines of that kind or in heading 8409, 8431, 8448, 8466, 8473, 8503, 8522, 8529 or 8538 as appropriate. However, parts which are equally suitable for use principally with the goods of headings 8517 and 8525 to 8528 are to be classified in heading 8517;

(c) All other parts are to be classified in heading 8409, 8431, 8448, 8466, 8473, 8503, 8522, 8529 or 8538 as appropriate or, failing that, in heading 8485 or 8548.

Your inquiry does not provide sufficient information for us to give a classification ruling on the replacement parts which you have circled on pages 12, 14, 16 and 24 of the submitted literature. The parts circled are as follows:

(1) Index #196 -- RP6-2986 Valve 3/2,
(2) Index #226 -- RP6-0481 Inflation Valve VSC, (3) Index #250 -- RP6-0632 Two Stage Valve Assembly with Fittings consisting of RP6-0201 Connector 8-1/4 and RP6-0142 90o Fitting, (4) Index #261 -- RP6-0269 Bolt TE M6,
(5) Index #263 -- RP6-2989 Valve Motor 3/2 Complete, (6) Index #265 -- RP6-0403 Muffler,
(7) Index #269 -- RP6-2988 Valve Brake Complete, (8) Index #333 -- RP6-2358 Commanding Valve and (9) Index #340 -- RP6-2284 Valve 5/3 Closed Center.

For those parts that are valves, describe the valve mechanism, the means of actuation and the material(s) from which the valve is made. For those parts that are bolts, include samples. For all other parts, describe the part in detail (include material of composition) and explain how the item functions. When this information is available, you may wish to consider resubmission of your request. Please limit your ruling request to a maximum of 5 items of the same class or kind. 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 Robert Losche at 646-733-3011.

Sincerely,

Robert B. Swierupski
Director,

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