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February 18, 1999

CLA-2-87:RR:NC:MM:106 D88044

CATEGORY: CLASSIFICATION

TARIFF NO.: 8701.90.1035

Mr. G. Gilstorf
AGCO Corporation
4205 River Green Parkway
Duluth, GA 30096-2568

RE: The tariff classification of the Massey-Ferguson 4233 tractor from England.

Dear Mr. Gilstorf:

In your letter dated February 5, 1999 you requested a tariff classification ruling. You submitted descriptive literature with your request.

The MF 4233 wheeled tractor is powered by a Perkins 4-cylinder diesel engine and is available in either a 2 or 4-wheel drive configuration. Other features include a 3-point hitch, oil-cooled disc brakes, and a standard 12F/4R transmission. This tractor is rated at approximately 65 PTO horsepower (48.5 kW). The MF 4233 will be used in farming and can accommodate a variety of agricultural implements such as plows, planters, loaders or harrows.

The applicable subheading for the MF 4233 tractor will be 8701.90.1035, Harmonized Tariff Schedule of the United States (HTS), which provides for other tractors suitable for agricultural use with a PTO of 44.8 kW or more but less than 59.7 kW. 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 Patrick J. Wholey at 212-637-7036.

Sincerely,

Robert B. Swierupski
Director,

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