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NY J82905

April 18, 2003

CLA-2-84:RR:NC:1:103 J82905


TARIFF NO.: 8428.90.0090

Mr. David E. Katzman
C.H. Powell Company
47 Harvard Street
Westwood, MA 02090

RE: The tariff classification of a bridge erection truss system from Italy

Dear Mr. Katzman:

In your letter dated March 13, 2003 on behalf of George Harms Construction Co., Inc. you requested a tariff classification ruling.

The bridge erection truss system is a self-launching, underslung truss which will be used to aid in the construction of a bridge. It will be placed between two concrete piers and will enable concrete bridge segments, which are lifted up to the truss system by a separate crane (not part of the importation), to be horizontally moved into place for assembly. The main truss unit will be 11.91 meters in length and will consist of two triangular steel braces, each of which will be composed of:

 two end units,
 two intermediate elements,
 two support elements,
 two central elements,
 two special elements,
 a longitudinal movement system utilizing electric capstan winches  a set of four motorized trolleys and a chain system for moving the concrete segments  seventeen sets of adjustable support devices  three main supports with longitudinal movement wheels, support rams, safety rings, a rotating base, and hydraulic power packs.

In addition, the system will include an upper transverse beam and connection devices for hanging and lowering the truss itself, as well as a stressing platform for transversal movement of PT jacks.

In your letter you stated that the entire system may be imported in one shipment on one vessel. Alternatively, it may be necessary to import the system in three separate shipments. The first shipment would consist of the main truss unit. The second shipment would contain the stressing platform, rams and trolleys, movement devices, and the electrical equipment. The third shipment would consist of the lowering device and the balance of the system’s equipment.

If imported in a single shipment, the applicable subheading for the bridge erection truss system will be 8428.90.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for other lifting, handling, loading or unloading machinery: other machinery: other: other. The duty rate will be free.

If imported in three shipments, as described above, the main truss unit will remain classifiable in subheading 8428.90.0090, HTS. However, your inquiry does not provide enough information for us to confirm that the goods imported in the second and third shipments will be classifiable in subheading 8431.39.0080, HTS, as parts suitable for use solely or principally with the machinery of heading 8428, as you contend.. In this regard your attention is directed to Note 2 to Section XVI, HTS, which governs the classification of parts in heading 8431. Your request for a classification ruling should include a more detailed description of the rams, movement devices, electrical equipment, and the connection devices for hanging the truss, including a detailed description of how these items operate. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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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