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NY D80266

July 31, 1998

CLA-2-84:RR:NC:MM:106 D80266


TARIFF NO.: 8408.20.2000

Mr. Andrew Doornaert, Esq.

Tower Group International

6730 Middlebelt Road

Romulus, MI 48174

RE: The tariff classification of a diesel engine for self-
propelled bale wagons from England.

Dear Mr. Doornaert:

In your letter dated July 13, 1998, on behalf of New Holland North America, Inc., you requested a tariff classification ruling. You submitted descriptive literature with your request.

The article in question is a 7.5 liter diesel engine to be installed in two models of self-propelled bale wagons, the "1089" and the "1095". The engine features 6-cylinders and is turbocharged. The self-propelled bale wagons pick-up, stack, load and unload square bales of hay.

In your submission you suggest that the bale wagons, into which the diesel engines will be installed, are classifiable in subheading 8433.40, Harmonized Tariff Schedule of the United States (HTS), which provides for straw or fodder balers, including pick-up balers. These bale wagons do not bale hay themselves, as do pick-up balers, but pick up hay that has already been baled, stack the bales and transport them from the field to another site. They are not of the class or kind of machine contemplated under subheading 8433.40, HTS. The National Import Specialist for vehicles would classify these self-
propelled automatic bale wagons under heading 8704, HTS.

The applicable subheading for the diesel engine for the "1089" and the "1095" bale wagons will be 8408.20.2000, HTS, which provides for compression ignition internal combustion piston engines of a kind used for the propulsion of vehicles of chapter 87: to be installed in vehicles of subheading 8701.20, or heading 8702, 8703 or 8704. The rate of duty will be 2.7 percent ad valorem.

You also suggested that the engines might be classified in heading 9817.00.6000, HTS. That heading describes the following: parts to be used in articles provided for in headings 8432, 8433, 8434 and 8436, whether or not such parts are principally used as parts of such articles and whether or not covered by a specific provision within the meaning of additional U.S. rule of interpretation 1(C). Headings 8432, 8433, 8434 and 8436 refer to specific types of agricultural and horticultural machinery. Since these self-propelled bale wagons are not provided for under one of the named headings, consideration under subheading 9817.00.6000 for the engines to be installed in them cannot be given.

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

Patrick J. Wholey at 212-466-5668.


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