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NY L88650




December 12, 2005

CLA-2-84:RR:NC:N1:106 L88650

CATEGORY: CLASSIFICATION

TARIFF NO.: 8431.49.90

Mr. Edward Mittelstaedt
Mittelstaedt, Galaviz, & Mylin, Inc.
341 Broadway
San Francisco, CA 94133

RE: The tariff classification of certain replacement parts for excavating ground engagement tools from China

Dear Mr. Mittelstaedt:

In your letter dated November 8, 2005, on behalf of Berkeley Forge and Tool, Inc., you requested a tariff classification ruling.

The subject merchandise consists of five replacement parts designed for ground engagement tools used in the mining industry. The parts in questions are given the following names in your correspondence: shroud, protector plate, deflector, wear pad and c-clamp. The primary function of each of the first four named components is to protect the inside and outside edges and corners of mining buckets or “lips”. The c-clamp is said to hold adapters and shrouds onto mining buckets. You did not include any specific information on the whole goods on which these replacements are used except to say they are used “solely” on “mining excavators, rippers, shovel dippers, front-end loaders, rope shovels and various other mechanical, electrical and hydraulic shovels used in the mining industry.”

The applicable subheading for the various replacement parts for ground engaging tools, with the exception of the c-clamp will be 8431.49.90, Harmonized Tariff Schedule of the United States (HTSUSA), which provides for other parts of the machinery of heading 8426, 8429 or 8430. The rate of duty will be free. The appropriate statistical suffix for each part will depend on the classification of the specific machine on which it is solely or principally used.

We will not be able to issue a classification for the c-clamp without additional information. Please supply a photograph or other illustration of the product and a complete description of how the c-clamp functions. How does the c-clamp hold adapters and shrouds in place? What specific machine is the c-clamp principally used.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUSA and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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