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NY E87894




October 13, 1999

CLA-2-84:RR:NC:MM:106 E87894

CATEGORY: CLASSIFICATION

TARIFF NO.: 8431.49.9060

Ms. Vicki W. Talley
Komatsu America International Company
Ripley Parts Operations
101 N. Industrial Rd.
Ripley, TN 38063

RE: The tariff classification of metal tubes for hydraulic excavators, crawler dozers, road rollers and wheel loaders from Japan and Brazil.

Dear Ms. Talley:

In your letter dated September 27, 1999 you requested a tariff classification ruling. You submitted diagrams with your request.

The articles in question are metal tubes used for hydraulic excavators, crawler dozers, road rollers and wheel loaders. You state that each tube is designed to be used in a specific application and, because of their configurations, they are incapable of use in any other machine or vehicle except as indicated below.

The steel tube identified as part number 203-62-56151 is used solely or principally on hydraulic excavators, Komatsu models PC120, PC130 and PC150. This tube is hollow and seamless with fittings, is bent to specifications and is used to convey hydraulic fluid to the bucket arm. Outside diameter is 45 mm and inside diameter is 16.1 mm.

The carbon steel tube identified as part number 145-49-42321 is used solely or principally on crawler dozers, Komatsu model D75. This tube is hollow and seamless with flange fittings. It is bent to specification and is used to convey transmission oil to the transmission. Outside diameter is 30 mm and inside diameter is 15 mm.

The steel tube identified as part number 1221728H1 is used solely or principally on a Galion road roller, Galion model P3000. This tube is hollow and seamless with fittings on each end. It is bent to specifications and is used to convey hydraulic fluid in the brake system. Outside diameter is 4 mm and inside diameter is 2.5 mm.

The carbon steel tube identified as part number 104-62-38170 is used solely or principally on crawler dozers, Komatsu models D20 and D21. This tube is hollow and seamless with fittings on each end. It is bent to specifications and is used to convey hydraulic oil to the tilt cylinder on the attachment. Outside diameter is 15 mm and inside diameter is 5 mm.

The iron tube identified as part number 428-35-12330 is used solely or principally on wheel loaders, Komatsu model WA700. This tube is hollow and seamless with fittings on each end. It is bent to specifications and is used to convey pressurized air to the air compressor. Outside diameter is 15 mm and inside diameter is 12 mm.

These articles are parts of machines of Section XVI of the Harmonized Tariff Schedule of the United States (HTS). As such they are classified according to Section XVI Notes 1 and 2. Since there is no language in Note 1 to exclude these goods from Section XVI, they will be classified according to Section XVI Note 2, which states how parts of machines are to be classified.

The applicable subheading for the metal tubes for hydraulic excavators, crawler dozers, road rollers and wheel loaders 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: of machinery of heading 8426, 8429 or 8430: other. 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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