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January 26, 1999

CLA-2-87:RR:NC:MM:101 D87031


TARIFF NO.: 8709.90.0000

Mr. Charles R. Piazza
Assist International Corporation
P.O. Box 261
Hasbrouck Heights, NJ 07604

RE: The tariff classification of an Operator Cabin For Anode Transporter Vehicle from Italy

Dear Mr. Piazza:

In your letter dated January 14, 1999 you requested a tariff classification ruling.

You submitted a photograph of an Operator Cabin For Anode Transporter Vehicle.

The vehicle is used in primary aluminum plants. It is a materials handling vehicle which lifts pallets of anodes and transports them within the plant. The item for which you request a binding ruling is the vehicle’s operator cabin. The cabin is a steel frame with glass windows, containing a seat for the operator and the controls for operating the vehicle - steering, accelerating, braking, as well as the control levers for the lifting mechanism.

The applicable subheading for the Operator Cabin For Anode Transporter Vehicle will be 8709.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Works trucks, self-propelled, not fitted with lifting or handling equipment, of the type used in factories, warehouses, dock areas or airports for the short distance transport of goods;...parts of the foregoing vehicles: Parts. The rate of duty will be Free.

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.

After January 28, 1999 the telephone number will be changed to 212-637-7035.


Robert B. Swierupski

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