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NY 868854


December 12, 1991

CLA-2-87:S:N:N1:101-868854

CATEGORY: CLASSIFICATION

TARIFF NO.: 8705.90.0000

Mr. Eric J. Saine
Thomann-Hanry Inc.
555 Madison Avenue
New York, NY 10022

RE: The tariff classification of a special purpose motor vehicle from France

Dear Mr. Saine:

In your letter dated October 30, 1991 you requested a tariff classification ruling. You have submitted descriptive literature.

The imported product is a special purpose boom truck, model V.A.S.P., type 4JAEG2, that is comprised of a truck tractor and modified trailer. The vehicle is powered by a 6-cylinder Deutz diesel engine. The complete boom truck measures 2.5 meters wide by 13.225 meters long and it weighs 50 tons. The truck as 4 axles: the two forward axles supporting single tires and the two rear axles supporting twin tires.

You indicate that the vehicle has been modified to meet the needs of your workers who clean building exteriors (including museums, churches, dwellings, palaces, theaters, etc). The cleaning process is carried out by projecting a glass powder that circulates against the building surface to clean off dirt and grime. The end of the telescoping boom mechanism contains a vacuum cabin in which the workers stand when cleaning the building. The boom reaches up to 13 stories. The vehicle has hoses leading down the boom that transports the powder and compressed air to the cabin. The vehicle is equipped with a compressor, and with bins that contain the powder.

The applicable subheading for the Thomann-Hanry boom truck, model V.A.S.P., type 4JAEG2, will be 8705.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for special purpose motor vehicles, other than those principally designed for the transport of persons or goods, other. The rate of duty will be 3.7 percent ad valorem.

Based on the condition of importation you describe in your inquiry, the merchandise may be eligible for a Temporary Importation under Bond as delineated in section 10.31 of the Customs Regulations. For further inform- ation, it is suggested you contact the germane port of entry where the District Director will make the final determination.

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

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