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NY I81157




May 17, 2002

CLA-2-84:RR:NC:1:103 I81157

CATEGORY: CLASSIFICATION

TARIFF NO.: 8428.90.0090

Ms Sharon F. Swanson
Great Lakes Customs Brokerage, Inc.
85 River Rock Drive, Suite 202
Buffalo, NY 14207

RE: The tariff classification of a hydraulic dock leveler from Canada

Dear Ms. Swanson:

In your letter dated April 22, 2002 on behalf of Richards-Wilcox Customs Systems you requested a tariff classification ruling.

With your inquiry you submitted descriptive literature on a hydraulic dock leveler used to assist in the loading and unloading of truck cargo. A dock leveler is a tilting platform which is affixed to a pit in a truck dock. Dual hydraulic cylinders incorporated in the unit allow the platform to be tilted and a steel lip to be lifted and swung out to accommodate variations in truck trailer height. The leveler also features velocity fuses to prevent the deck from moving in the event of leaking or loosened hydraulic hose lines. The machine can withstand loads up to 27,000 pounds.

In your letter you suggested classifying the hydraulic dock leveler in subheading 8429.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for self-propelled bulldozers, angledozers, graders, levelers, scrapers, mechanical shovels, excavators, shovel loaders, tamping machines and road rollers: graders and levelers.. The machines of this heading are used to smooth and level the earth by means of a blade mounted in a self-propelled base. The hydraulic dock leveler is not a self-propelled earth leveler, and thus cannot be classified in subheading 8429.20.0000, HTS.

The applicable subheading for the hydraulic dock leveler will be 8428.90.0090, HTS, which provides for other lifting, handling, loading or unloading machinery: other machinery: other: 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 Alan Horowitz at 646-733-3010.

Sincerely,

Robert B. Swierupski
Director,

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