CLA-2-40:RR:NC:MM:101: H89898
Ms. Margaret V. Wilson
Customs/Drawback Administrator
Michelin North America, Inc.
One Parkway South
P.O. Box 19001
Greenville, South Carolina 29602-9001
RE: The tariff classification of Earthmover Tires from Netherlands and Canada
Dear Ms. Wilson:
In your letter dated March 19, 2002 you requested a tariff classification ruling.
You submitted illustrative literature of machinery on which these tires are used, the different Tread Patterns and other data from Michelin’s Earthmover data book. You are requesting a ruling for XADT Tread Pattern of Global Part Number (CAI) 123375; XADN Tread Pattern of Global Part Number 123427; XR Tread Pattern Global Part Number 280550; and XK Tread Pattern Global Part Numbers 284850 and 123475.
Global Part Number (CAI): 123375
TRA Code: E4T
Description: 23.5R25 XADT E4T TL
Rim Diameter: 25 inches, which exceeds 61 cm
Tire Tread: XADT Tread Pattern
Global Part Number (CAI): 123427
TRA Code: E3T
Description: 26.5R25 XADN E3T TL
Rim Diameter: 25 inches, which exceeds 61 cm
Tire Tread: XADN Tread Pattern
Global Part Number (CAI): 280550
TRA Code: L3/G3
Description: 27.00R49 XR B TL**
Rim Diameter: 49 inches, which exceeds 61 cm
Tire Tread: XR B Tread Pattern
Global Part Number (CAI): 284850
TRA Code: L3/E3
Description: 36.00R51 XK B TL**
Rim Diameter: 51 inches, which exceeds 61 cm
Tire Tread: XK B Tread Pattern
Global Part Number (CAI): 123475
TRA Code: L3/G3
Description: 55/80R63 XK C4 E3R TL**
Rim Diameter: 63 inches, which exceeds 61 cm
Tire Tread: XK C Tread Pattern
You state in your narrative that the use of these tires determined by the Tire & Rim Association (TRA) coding system as “L” is defined as the code for “loaders and dozers”, “E” is defined as “earthmoving application”, and “G” is defined as the code for “graders”.
The applicable subheading for XADT Tread Pattern of Global Part Number (CAI) 123375 and XADN Tread Pattern of Global Part Number 123427 will be 4011.20.1025, Harmonized Tariff Schedule of the United States (HTS), which provides for New pneumatic tires of rubber: Of a kind used on buses or trucks: Radial…Off-the-highway: For use on a rim measuring 40.6 cm or more in diameter. The rate of duty will be 4% ad valorem.
The applicable subheading for XK Tread Pattern Global Part Numbers 284850 and 123475 will be 4011.63.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for New pneumatic tires of rubber: Other, having a “herring-bone” or similar tread: Of a kind used on construction or industrial handling vehicles and machines and having a rim size exceeding 61 cm. The rate of duty will be Free.
The applicable subheading for XR Tread Pattern Global Part Number 280550 will be 4011.94.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for New pneumatic tires of rubber: Other: Of a kind used on construction or industrial handling vehicles and machines and having a rim size exceeding 61 cm: Radial. The rate of duty will be 4% ad valorem.
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,
National Commodity
Specialist Division