NY 857611
NOV 27 1990
CLA-2-84:S:N:N1:103 857611
Mr. Billy J. Gwin
Geo. S. Bush & Co., Inc.
1400 Exchange Building
821 Second Avenue
Seattle, Wa. 98104
RE: The tariff classification of straddle carrier components
from Hong Kong and Finland
Dear Mr. Gwin:
In your letter dated October 26, 1990 on behalf of Valmet
Materials Handling Equipment, Inc. you requested a tariff
classification ruling.
Straddle carriers are self-propelled machines used in
container terminals to load, unload, stack, and transport
containers over short distances. In your letter you state your
client will import straddle carriers in two separate shipments.
The superstructure, consisting of four vertical columns,
rectangular top frame, ladder, railing and platform, and engine
exhaust pipe will be imported from Hong Kong in one shipment.
The balance of the unit, consisting of the side frames (which
incorporate the engine, drive train, and wheels), the control
cabin, and the spreader and its hoisting system will be
separately imported from Finland. After importation, the
components will be assembled together to form complete straddle
carriers.
Merchandise is classifiable in the Harmonized Tariff
Schedule of the United States (HTS) in accordance with the
General Rules of Interpretation. General Rule of Interpretation
2(a) states that unassembled and/or incomplete articles may be
classified in the heading for the article provided that, as
entered, the unassembled or incomplete article has the essential
character of the assembled or complete article. Neither the
shipment from Hong Kong nor the shipment from Finland will have
the essential character of a straddle carrier. Thus neither
shipment can be classified in the provision for straddle carriers
found in heading 8426, HTS.
The applicable subheading for the vertical columns, top
frame, side frames, control cabin, and the spreader with its
hoisting system will be 8431.49.1060, HTS, which provides for
parts suitable for use solely or principally with straddle
carriers of heading 8426. The duty rate will be 2 percent ad
valorem.
The applicable subheading for the ladder, railing and
platform will be 7308.90.9090, HTS, which provides for other
structures and parts of structures of iron or steel: other. The
duty rate will be 5.7 percent ad valorem.
Your inquiry does not provide enough information for us to
give a classification ruling on the engine exhaust pipe. Your
request for a classification ruling should include the dimensions
and chemistry of each length of pipe. Also, please indicate
whether they are made to any industry specifications such as
ASTM.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport