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NY R00995

November 2, 2004

CLA-2-84:RR:NC:MM:106 R00995


TARIFF NO.: 8428.90.0090

Mr. Allen Birmingham
Tommy Gate Company
11010 N. Tatum Blvd., Suite 100
Phoenix, AZ 85028

RE: The tariff classification of hydraulic lift gates for automotive trucks from France

Dear Mr. Birmingham:

In your letter dated October 26, 2004 you requested a tariff classification ruling. You submitted descriptive literature with your request.

The merchandise in question is described as hydraulically operated lift gates or tailgates. They are fitted to the rear of automotive trucks to raise and lower cargo. The descriptive literature you submitted describes lift gate series Classic 1502, which is designed to lift 1500 kg at 1000 mm and has a steel or aluminum platform. It has 1 hydraulic cylinder each for lifting and tilting, which is hand-cable remote-controlled. The Classic 1502 comes in a variety of sizes.

The applicable subheading for the hydraulic lift gates will be 8428.90.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for other lifting, handling, loading or unloading machinery. 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.


Robert B. Swierupski

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