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NY R02488





September 13, 2005

CLA-2-87:RR:NC:N1:101 R02488

CATEGORY: CLASSIFICATION

TARIFF NO.: 8709.11.0060

Mr. Carl Smith
MHI Systems Inc.
625 Townsite Road
Nanaimo British Columbia
V9P 9E5
Canada

RE: The tariff classification of a pedestrian controlled works truck from Canada

Dear Mr. Smith:

In your letter dated August 25, 2005 you requested a tariff classification ruling.

The item to be classified by this office is a “MHI Mover.” It is one component of a soiled linen collection system. The system consists of a Lifter, a Mover, and Caster Carts with attached lids and tow hooks. The Lifter and the Carts are manufactured in the United States and are therefore not imported items. We cannot classify them since there is no prospective importation.

The mover is manufactured in Canada. It is an electrically driven machine that tows the carts either individually or in a “train” formation. A pedestrian operator who operates an electrical control system at the end of the control handle controls it.

The applicable subheading for the Mover will be 8709.11.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for Works trucks, self-propelled, not fitted with lifting or handling equipment, of the type used in factories, warehouses, dock areas or airports for short distance transport of goods; tractors of the type used on railway station platforms; part of the foregoing vehicles: Vehicles: Electrical: 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 Robert DeSoucey at 646-733-3008.

Sincerely,

Robert B. Swierupski
Director,

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