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NY I84769

August 23, 2002

CLA-2-84:RR:NC:1:103 I84769


TARIFF NO.: 8428.90.0090

Mr. Gary Aspmo
Cascade Corporation
PO Box 20187
Portland, OR 97294-0187

RE: The tariff classification of various optional forklift truck attachments from an unspecified country

Dear Mr. Aspmo:

In your letter dated July 24, 2002 you requested a tariff classification ruling.

You submitted brochures describing 5 devices which enable a forklift truck to more efficiently handle special products such as paper rolls and boxed appliances. These devices supplement or replace the standard fork and frame assembly which moves up and down on the forklift truck mast, and are available in various capacities that match the lifting capacity of the truck on which they will be mounted. The specific devices you inquired about are:

Fork positioner – utilizes two hydraulic cylinders to allow the forklift operator to mechanically adjust the distance separating the forks to match the width of the object being handled, thus obviating the need for the operator to perform this task manually. The positioner basically consists of a metal frame on which the L-shaped forks are hung, two hydraulic cylinders which move the forks horizontally, a flow divider to equalize fork speed and movement, carriers which keep the forks vertically stabilized, rod grommet brackets to protect the cylinders from accidental impact, and hydraulic hoses and connectors to allow the article to be connected to the forklift’s hydraulic system.

Carton clamp – replaces the standard forks with pads mounted on horizontally opening arms, thus allowing the forklift to hold and handle medium density loads in the warehousing, beverage, appliance and electronics industries. The unit contains a frame incorporating four hydraulic cylinders for smooth and equal arm movement, and utilizes an extended height arm stabilizer for added contact pad support.

Roll clamp – similar in use to the carton clamp, this unit features hydraulic cylinders which operate curved arms to allow rolled materials to be gripped and handled.

Push/pull – features a fork frame which can be mechanically extended or retracted by means of two hydraulically operated scissor-like arms in order to push a load off or pull a load onto fork-like platens attached to the base of the unit. The loads may rest on special slipsheets for easier movement.

Rotator – gives the forklift operator the ability to rotate the fork mechanism 360 degrees in either direction in order to quickly dump or invert a load, and then return the forks to the pick-up position in one continuous motion.

You suggested classifying these articles in subheading 8431.20..0000, Harmonized Tariff Schedule of the United States (HTS), which provides for parts suitable for use solely or principally with the machinery of heading 8427 (heading 8427 provides for, among other things, fork-lift trucks). However, these articles are optional accessories, rather than parts of forklift trucks. As heading 8431 does not provide for accessories, these goods cannot be classified in subheading 8431.20.0000.

The applicable subheading for the goods described above will be 8428.90.0090, HTS, which provides for other lifting, handling, loading or unloading machinery: other machinery: other: other. Assuming they will be made in a country entitled to the rates of duty listed in the General Rates of Duty column of the HTS, the applicable 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.


Robert B. Swierupski

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