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NY R03795




April 28, 2006

CLA-2-87:RR:NC:N1:101 R03795

CATEGORY: CLASSIFICATION

TARIFF NO.: 8704.21.0000

Mr. Pavel Auersperg
Tries Distribution Inc.
3333 D. B. Floreani
Montreal Quebec, Canada H4S 1Y6

RE: The tariff classification of a log forwarder from the Czech Republic.

Dear Mr. Auersperg:

In your letter dated April 23, 2006, you requested a tariff classification ruling. You submitted photographs with your request.

The article in question is an 8-wheeled, hydraulically driven small log forwarder, manufactured by Novotny. This log forwarder weighs 9300 lbs. and features a loading capacity of 11,000 lbs. Other features include a Yanmar 70 horsepower diesel engine and maximum speed capability of 12 mph. The forwarder is operated by electronic joysticks only and the hydraulic boom is operated from a swivel seat inside the cab. This vehicle is used in the forest to move and load cut logs from the cutting side of the road to on road trucks.

The applicable subheading for the log forwarder will be 8704.21.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for motor vehicles for the transport of goods: other, with compression-ignition internal combustion piston engine (diesel or semi-diesel): G.V.W. not exceeding 5 metric tons. The rate of duty will be 25 percent ad valorem.

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 Robert DeSoucey at 646-733-3008.

Sincerely,

Robert B. Swierupski
Director,

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