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March 25, 1999

CLA-2-84:RR:NC:MM:106 D89521


TARIFF NO.: 8431.49.9060

Ms. Karin Bogue
Komatsu America International Company
Parts Division
108 N. Industrial Drive
Caller #2101
Ripley, TN 38063

RE: The tariff classification of brackets from various countries.

Dear Ms. Bogue:

In your letter dated March 18, 1999, as a follow-up to our request for further information based upon your previous letter of March 1, 1999, you requested a tariff classification ruling. You submitted a sample and drawing with your request.

The articles in question are brackets made of non-alloy steel, designated part 700-84-11330. You indicate that these brackets have edges that are slightly sharp due to tooling and working and that these brackets will be used on dozers, graders, excavators and wheel loaders, all machinery of 8429.

The brackets are used in conjunction with various types of valves, such as travel control valve, unload valve, hydraulic control valve, main valve, pilot valve, spool valves and plunger valves. The overall length of this bracket is 6 1/2 inches and it is 1/8 inch thick. The metal is bent to a 90 degree angle. One side of the angle is approximately 1 1/2 inches wide at the widest point and each end has a 1/2 inch diameter hole drilled into it. From the center point of the hole to the edge of the part is 1/2 inch. There is an offset on this side that begins 1 1/2 inches from each end with the narrow end of the offset equaling 1 3/4 inches. It is approximately 5/8 inches from the narrowest point of the offset to the center of the angle along the length of the part. The angle of the offset is 50 degrees. The other side of the part has a much larger offset area. Beginning at the end of the part, the metal is cut at a 52 degree angle from each end. There is a 7/16 inch hole drilled in the center of each end piece. The length of the offset section is 2 3/4 inches and is 1/8 inch from the center of the angle of the whole part.

The applicable subheading for the brackets will be 8431.49.9060, Harmonized Tariff Schedule of the United States (HTS), which provides for other parts suitable for use solely or principally with the machinery of headings 8425 to 8430: other.. other: other: other. The general 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.


Robert B. Swierupski

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