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NY 889791

September 15, 1993



TARIFF NO.: 8716.20.0000

Mr. Ed Baker
A.N. Deringer, Inc.
173 West Service Road
Champlain, NY 12919

RE: The tariff classification of round bale trailers from Canada

Dear Mr. Baker:

In your letter dated August 24, 1993, on behalf of Les Machineries Pronovost Inc., St. Tite, PQ, you requested a tariff classification ruling for the models P-6800 and P-6812 auto load round bale handlers. These articles are trailers used to self-load and transport round bales of hay or straw on farms. You have provided literature and photographs of the model P-6800, but you have not provided any descriptive information of the model P-6812.

The model P-6800 is a wheeled trailer that is towed behind a tractor. This model measures 34 feet in length, 63 inches in width, has a floor height of 36 inches, and has a load capacity of 14,000 pounds. The dumping angle is 30 degrees and 90 degrees. The model P-6800 trailer weighs approximately 3,800 pounds. The literature states that the trailer can carry six bales and unloads in stacks of 3 high; or can carry seven bales and unload in one row. The model P-6800 round bale trailer is solely or principally used on farms.

As indicated by Congress, Customs will give considerable weight to the Explanatory Notes (EN) and the compendium of Classification Opinions because they are the official interpretation of the HS, but they shall not be treated as dispositive General Rules of Interpretation (GRIs). 54 Fed Reg 35127, 35128 (August 23, 1989).

The EN to Section XVII, 87.16, states "this heading covers a group of non-mechanically propelled vehicles equipped with one or more wheels and constructed for the transport of goods or persons.... Trailers falling here include self-loading agricultural trailers fitted with automatic loading devices...." The applicable subheading for the model P-6800 round bale trailer will be 8716.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for self-loading or self-unloading trailers and semi-trailers for agricultural purposes. The rate of duty will be 3.2 percent ad valorem.

Goods classifiable under subheading 8716.20.0000, HTS, which originated in the territory of Canada, will be entitled to a 1.6 percent rate of duty under the United-States Canada Free Trade Agreement upon compliance with all applicable regulations.

Your inquiry does not provide enough information for us to give a classification ruling on the model P-6812 round bale trailer. Your request for a classification ruling should include complete descriptive literature.

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.


Jean F. Maguire
Area Director

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