CLA-2-87:RR:NC:1:101 C86260
Mr. Richard M. Belanger
POWELL, GOLDSTEIN, FRAZER & MURPHY LLP
1001 Pennsylvania Ave., N.W.
Sixth Floor
Washington, D.C. 20004
RE: The tariff classification of ejector trucks from Australia
Dear Mr. Belanger:
In your letter dated April 3, 1998, you requested a tariff
classification ruling on behalf of Caterpillar, Inc..
The first
item concerned
(shown below) is
the Elphinstone
AE40 Articulated
Ejector Truck.
It measures 443"L
X 126"W X 106"H,
has a maximum capacity of 40 metric tons and a maximum speed of
30.3 mph..
The second item concerned (shown below) is the Elphinstone
69D Dump Truck. It measures 321"L X 145.4"W X 135.5"H, has a
maximum capacity of 38 metric tons and a maximum speed of 46.7
mph..
You state that both items will be manufactured by Dale B.
Elphinstone Pty. Ltd. of Burnie, Tasmania, Australia and that
they will be imported into the U.S. through the Ports of Los
Angeles, California and Seattle, Washington.
The applicable subheading for the Elphinstone AE40 Ejector
Truck and 69D Dump Truck will be 8704.10.5020, Harmonized Tariff
Schedule of the United States (HTS), which provides for Motor
vehicles for the transport of goods: Dumpers designed for off-highway use: Other: Rear dump: With a capacity of 40.8 metric
tons or less. The rate of duty will be 5% 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 212-466-5667.
Sincerely,
Robert B.
Swierupski
Director,
National Commodity
Specialist Division