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NY C86260




April 27, 1998

CLA-2-87:RR:NC:1:101 C86260

CATEGORY: CLASSIFICATION

TARIFF NO.: 8704.10.5020

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.

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