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NY H86825





January 16, 2002

CLA-2-87:RR:NC:MM:106 H86825

CATEGORY: CLASSIFICATION

TARIFF NO.: 8701.90.1065

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

RE: The tariff classification of AGCO DT200 and DT225 tractors from France.

Dear Mr. Gilstorf:

In your letter dated December 18, 2001, based on a request that was originally submitted on August 31, 2001, prior to the events that took place on September 11, 2001, you requested a tariff classification ruling. You submitted descriptive literature with your request.

These wheeled tractors are powered by a Cummins 6-cylinder diesel engine and are available in a 4-wheel drive configuration. Other features include a 3-point hitch, wet disc brakes and a standard 18F/6R Powershift transmission. The AGCO DT200 tractor is rated at approximately 200 PTO horsepower (149.1 kw) while the AGCO DT225 tractor is rated at approximately 225 PTO horsepower (167.8 kw). Both models will be used in farming and can accommodate a variety of agricultural implements such as plows, rotary cutters, loaders or harrows.

The applicable subheading for the AGCO DT200 and DT225 tractors will be 8701.90.1065, Harmonized Tariff Schedule of the United States (HTS), which provides for other tractors suitable for agricultural use with a PTO of 134.3 kw or more. 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 646-733-3013.

Sincerely,

Robert B. Swierupski
Director,

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