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NY M85660




September 6, 2006

CLA-2-84:RR:NC:N1:106 M85660

CATEGORY: CLASSIFICATION

TARIFF NO.: 8427.90.0000; 9403.10.0040

Ms. Joyce Ford
Qimonda North America
6000 Technology Blvd.
Sandston, VA 23150

RE: The tariff classification of clean room ladder system and trolleys from Austria

Dear Ms. Ford:

In your letter dated August 3, 2006 you requested a tariff classification ruling. You included descriptive literature with your request.

The merchandise at issue consists of movable trolleys, fixed cabinets and a so-called ladder/ freight elevator system, all specifically designed for clean room operations involving process-quartz-parts for the semiconductor industry.

The ladder/freight elevator is basically an aluminum ladder on wheels with a motorized lifting platform. The ladder is pushed along with a load on the lifting platform. At the worksite a worker climbs the ladder to a platform and raises the load to be manipulated. You suggest classifying the ladder/freight lifter in heading 8428 as other handling or loading machinery or in heading 7616, as other articles of aluminum. The ladder/freight lifter is more specifically described as a type of works truck.

The movable QCS trolleys are of form-tube construction and are basically storage cabinets on wheels. They are said to be used for the storage of quartz parts in the semiconductor industry. You suggest possible classification in heading 8716, as other vehicles, not mechanically propelled or in heading 7616, as other articles of aluminum. The trolleys are, in fact, more specifically provided for as other furniture.

The applicable subheading for the ladder/freight lifter will be 8427.90.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other works trucks fitted with lifting or handling equipment. The rate of duty will be free.

The applicable subheading for the QCS trolleys will be 9403.10.0040, HTSUS, which provides for other metal furniture of a kind used in offices. The rate of duty will be free.

You also asked for the classification of certain fixed storage cabinets. You suggested classification in heading 9403 as other metal furniture of a kind used in offices. Since these cabinets are not floor standing they will most likely be classified as articles of metal. We are unable to be more specific at this time because more information is need. The cabinets are of aluminum and steel construction. We will need to know which metal comprises the principle weight of the cabinets. You may resubmit your request for a ruling for these cabinets when this information is submitted to us. If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. Questions about this portion of your request may be directed to National Import Specialist (NIS) James Smyth at (646) 733-3009

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Wholey at 646-733-3013.

Sincerely,

Robert B. Swierupski
Director,

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