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NY A82738

May 13, 1996

CLA-2-84:RR:NC:1:103 A82738


TARIFF NO.: 8431.20.0000

Ms. Susan R. McCabe
The Hipage Company, Inc.
PO Box 3158
Norfolk, VA 23514

RE: The tariff classification of forklift frames from Japan

Dear Ms. McCabe:

In a letter on behalf of NACCO Materials Handling Group, Inc. which was received on April 25, 1996 you requested a tariff classification ruling.

With your inquiry you submitted a drawing of a forklift frame as well as literature depicting the forklift models in which the frame will be used. The frame is made of steel which is braced with cross-members and welded into a rigid unit. It will be used on Hyster Challenger models H25, H30, and H35XL, and Spacesaver models S25, S30, and S35XL forklift trucks, as well as on Yale models GC-CE, GC-AE, GP-BF, and GP-AF forklift trucks. The Hyster forklifts feature lifting capacities of 2500-3500 pounds, while the Yale models can lift 3000-4000 pounds. These forklifts will be powered by gas, liquid petroleum gas, or diesel engines.

The applicable subheading for the forklift frame will be 8431.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for parts suitable for use solely or principally with the machinery of heading 8427 (fork-lift trucks). The rate of duty will be free.

For your information, certain forklift frames from Japan are the subject of antidumping order A-588-703 issued by the U.S. Department of Commerce. We suggest you contact that agency if you have any questions regarding this order.

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 Alan Horowitz at 212-466-5494.


Roger J. Silvestri

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