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NY K88249




August 13, 2004
CLA-2-84:RR:NC:1:104 K88249

CATEGORY: CLASSIFICATION

TARIFF NO.: 8479.89.9897

Mr. Skip Espeseth
Norman G. Jensen, Inc.
PO Box 10, 223 Railway Ave.
Portal, ND 58772

RE: The tariff classification of a cable pass security gate system from Canada

Dear Mr. Espeseth:

In your letter dated July 27, 2004 on behalf of Brehon AgriSystems Inc. of Saskatoon, SK, Canada you requested a tariff classification ruling.

Literature has been provided for the Cable Pass Security Gate. The “Gate” itself is a 30’ steel cable which stretches across a road or driveway to prevent vehicles from entering. The cable is connected to a motor and controller/receiver which lowers the cable to the road surface upon receiving a signal from the remote hand held transmitter. At another signal the gate can be raised. The unit may be powered by 110 volt or solar power and comes complete with battery backup. The customer has the option of ordering an AC adapter or solar panel to charge the battery. The system comes ready to install including complete instructions. All the user needs is a 6” diameter hollow steel mounting post to house the unit. The other end of the cable need only be attached to a solid object.

The applicable subheading for the Cable Pass Security Gate will be 8478.89.9897, 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: other. The rate of duty will be 2.5 percent.

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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