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NY B80056

December 24, 1996

CLA-2-84:RR:NC:1:103 B80056


TARIFF NO.: 8479.89.9598

Mr. Gary Mahoney
B.C.A. Midlantic Inc.
PO Box 730
New York, NY 10454

RE: The tariff classification of a demolition machine from Sweden

Dear Mr. Mahoney:

In your letter dated November 25, 1996 you requested a tariff classification ruling.

The Brokk MiniCut is a remote-controlled, self-propelled machine designed to perform light demolition work within buildings. Its small size (approximately 2 feet wide by 3 feet high) enables it to enter narrow doorways and work in a confined space as small as 45 square feet. The unit features a hydraulically operated breaker attached to an arm which is mounted on a tracked base. The breaker, which incorporates a chisel 32 millimeters in diameter, is said to be 3-4 times more effective than a conventional hand-held jackhammer. The arm has a reach of 9 feet and can be manipulated through a work envelope of 245 degrees. The remote controller, which connects to the machine by means of a cable, allows difficult and dangerous demolition jobs to be performed with the operator standing at a safe distance. The MiniCut is powered by a 4 KW electric motor and can travel at a speed of 65 feet per minute. It weighs 840 pounds.

The applicable subheading for the MiniCut will be 8479.89.9598, Harmonized Tariff Schedule of the United States (HTS), which provides for machines and mechanical appliances having individual functions, not specified or included elsewhere...: other machines and mechanical appliances: other: other: other: other. The rate of duty in 1996 is 3.2 percent ad valorem. For 1997 the duty rate will be reduced to 3 percent 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 Alan Horowitz at 212-466-5494.


Roger J. Silvestri

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