NY 865623
AUG 23 1991
CLA-2-84:S:N:N1:103 865623
Mr. Brian McCready
Inspira Systems Ltd.
14728-116 Avenue
Edmonton, Alberta, Canada T5M 3G1
RE: The tariff classification of a wheel, rail threader, rail
clamp, and undercutter chain from Canada
Dear Mr. McCready:
In your letter dated July 16, 1991 you requested a tariff
classification ruling.
You submitted photographs and a written description of four
articles. Item 1 is a grooved wheel with a flange mounted on
each side. It is made of polyurethane with steel reinforcing and
a steel hub. Two wheels will be mounted in a bogie-like housing
and then attached to each of four corners of an ore cart. The
wheels permit the cart to travel along an overhead cable system
in order to transport the ore from a mine to a shipping or
refining facility.
Item 2 is described as a rail threader and is made from
steel castings or alloy bar. It is used to thread a rail into
position so that it can be fastened to the ties. The rail
threaders are suspended from cranes, which move along the rail
bed and pull the new rail into position. It can then be set for
the proper gauge and position. The rail threaders are controlled
and operated by the crane operator.
Item 3, a rail clamp, is made from steel castings or alloy
bar. It is suspended from a crane or other motorized vehicle and
is then clamped onto a steel rail to pull it from the side of the
railbed onto the railbed tie. The clamp is normally used with
long rails.
Item 4 is described as an undercutter chain made up of two
parts, the sub link and the shovel link. In a telephone
conversation with National Import Specialist Patrick Wholey, you
identified this item as a highly specialized part of an on-track
maintenance machine called an undercutter car, used in the
maintenance-of-way sector of the railroad industry. The
undercutter chain serves the dual function of undercutting the
rocky substrate of the rail bed, called track ballast, and
conveying it to the top of the machine for sorting and cleaning.
The ballast is subsequently returned via another conveyor for
redepositing on the track bed. The undercutter car is a self-
propelled vehicle powered by diesel engine and the undercutter
chain is specifically designed for this equipment.
The applicable subheading for item 1, the grooved wheel,
will be 8431.39.0080, Harmonized Tariff Schedule of the United
States (HTS), which provides for parts suitable for use solely or
principally with other lifting, handling, loading or unloading
machinery: other: other. The duty rate will be 2 percent ad
valorem.
The applicable subheading for items 2 and 3, the rail
threader and rail clamp, will be 7325.99.5000, HTS, which
provides for other cast articles of iron or steel, other. The
rate of duty will be 5.7 percent ad valorem.
Finally, the applicable subheading for item 4, the
undercutter chain, will be 8607.99.5000, HTS, which provides for
parts of railway or tramway locomotives or rolling stock, other.
The duty rate will be 3.9 percent ad valorem.
Goods classifiable under subheadings 8431.39.0080,
7325.99.5000, and 8607.99.5000, HTS, which have originated in the
territory of Canada, will be entitled to 0.8, 3.9, and 1.5
percent rates of duty respectively under the United States-Canada
Free Trade Agreement (FTA) upon compliance with all applicable
regulations.
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