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NY K85073





May 4, 2004
CLA-2-84:RR:NC:1:106 K85073

CATEGORY: CLASSIFICATION

TARIFF NO.: 8428.90.0090

Mr. William C Smith
1215 Lake Jason Drive
White Lake, MI 48386-3840

RE: The tariff classification of hydraulic motorcycle lift stands from Belgium

Dear Mr. Smith:

In your letter dated April 9, 2004 you requested a tariff classification ruling.

The MotoXLift is a hydraulic lift stand used to raise small motorcycles, thus making it easier for an individual to perform maintenance or repairs. Maximum lifting weight is 286 lbs. The MotoXLift itself weighs 62 lbs and is 20.50” L x 19” W x 15.75” H. The unit is operated by means of a foot operated lever which is connected to a scissor-type hydraulic lift platform. The platform’s working height is adjustable from 15.75” to 36.20”. The unit is constructed of steel with a thick rubber pad on top.

In your letter you suggested classifying the MotoXLift in subheading 8425.42.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for pulley tackle and hoists other than skip hoists; winches and capstans; jacks: jacks; hoists of a kind used for raising vehicles: other jacks and hoists, hydraulic. HQ ruling letter 087433 dated November 13, 1990 states, in part, “However, heading 8425 designates a class of articles eo nomine, by specific name, usually one well known to commerce. Because there is no indication that the device here is commercially known in the trade as a jack, classification in heading 8425 is undocumented.” From review of your submitted literature, the MotoXLift is not commonly nor commercially known as a jack. Thus, following the rationale set forth in HQ 087433, this office would not consider the MotoXLift classifiable in heading 8425, HTS, as a jack.

The applicable subheading for the MotoXLift hydraulic motorcycle lift stands 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 Patrick Wholey at 646-733-3013.

Sincerely,

Robert B. Swierupski
Director,

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