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NY D84955




December 1, 1998

CLA-2-87:RR:NC:MM:101 D84955

CATEGORY: CLASSIFICATION

TARIFF NO.: 8708.99.8080

Mr. Frank M. Murphy
Norman G. Jensen, Inc.,
P.O. Box 8008,
3030 Commerce Drive
Port Huron, MI 48061-8008

RE: The tariff classification of Elevating Fifth Wheel and Air Bellows from Canada

Dear Mr. Murphy:

In your letter dated November 17, 1998 you requested a tariff classification ruling.

You submitted descriptive brochures and installation instructions for the Fifth Wheels and Air Bellows.

The Elvating Fifth Wheel is specifically designed for installation on truck tractors used in truck teminals railyard piggyback operations, marine terminal container handling locations and interplant trailer movements. The customer can choose either an air or a hydraulic mechanism to control the height of the fifth wheel.

The air operated version of the elevating fifth wheel is either equipped with a single air bag or a four air bag configuration. The air bags, also referred to aas air bellows, are round in shape and open at both top and bottom. The various air bags determine the lifting height of the fifth wheel. The air bag is made of a four-ply hypolon-coated material - a synthetic rubberlike material. You state that these air bags are not the types of "air bags" referred to in 8708.99.61, which is the safety air bag installed on vehicles.

The applicable subheading for the Elevating Fifth Wheel will be 8708.99.8080, Harmonized Tariff Schedule of the United States (HTS), which provides for Parts and accessories of the motor vehicles of headings 8701 to 8705: Other parts and accessories: Other: Other: Other...Other. The rate of duty will be 2.6%.

The applicable subheading for the Air Bellows will be 8708.99.8080, Harmonized Tariff Schedule of the United States (HTS), which provides for Parts and accessories of the motor vehicles of headings 8701 to 8705: Other parts and accessories: Other: Other: Other...Other. The rate of duty will be 2.6%.

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. Swierupski
Director,

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