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NY E89519

November 22, 1999

CLA-2-84:RR:NC:1:103 E89519


TARIFF NO.: 8425.49.0000

Mr. Lee M. Van Houten
Global Fairways, Inc.
6680 Brandt St., Suite 100
Romulus, MI 48174

RE: The tariff classification of rail aligners from France

Dear Mr. Van Houten:

In your letter dated Oct. 26, 1999 on behalf of Railtech Boutet, Inc. you requested a tariff classification ruling.

With your inquiry you submitted descriptive literature depicting the models CR 57 and CR 61 A-frame aligners. These devices are screw jacks which are used to align the ends of railway track so that the rails can be welded together. The units basically consist of a metal A-frame, tong-like grippers which grip the head of the rail, and screws which are manually turned to lift and position the rail ends. In operation, two units are placed two or three ties down on either side of the joint where welding will take place. Any fasteners holding the rails to the ties are removed so that the rails can be moved more easily. One screw is manually turned in order to raise the rail to a crowned position. Other screws are then manually turned to align the ends of the rails and to eliminate any twist that may exist. Once the proper alignment has been achieved, the welding operation can commence.

The applicable subheading for the CR 57 and CR 61 aligners will be 8425.49.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other jacks. 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 Alan Horowitz at 212-637-7027.


Robert B. Swierupski

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