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NY R01840

May 10, 2005

CLA-2-87:RR:NC:N1:106 R01840


TARIFF NO.: 8701.90.5015

Ms. Marina Krainer
Red Cougar Enterprises, Inc.
P.O. Box 1507
Cochrane, Alberta Canada T4C 1B4

RE: The tariff classification of used Unimog U406 and U416 medium-duty multi-purpose tractors.

Dear Ms. Krainer:

In your letter dated April 25, 2005 you requested a tariff classification ruling. You submitted photographs with your request.

Models U406 and U416 used Mercedes-Benz Unimogs are part of the multi-purpose Unimog tractor group having 4 wheels with rubber tires. These models are powered by a 6-cylinder direct-injection diesel engine and are available in a 4-wheel drive configuration. Other features for each model include a front or rear fully synchronized manual transmission and power take-off, front and rear 3-point linkage systems and mounting plates in the front. These models are rated at approximately between 60 – 92 kW in horsepower. The U416 is the longer wheelbase version of the U406. These models can be used in numerous applications, including snow removal, mowing applications, forestry and so on, and can accommodate a variety of implements such as plows, snow cutters, salt spreaders, vacuum sweepers, cranes and front loaders. You indicate that these models are constructed essentially for hauling or pushing vehicles, appliances or loads. The photographs do not demonstrate a substantial actual use in agriculture.

The applicable subheading for the used Unimog U406 and U416 multi-purpose tractors will be 8701.90.5015, Harmonized Tariff Schedule of the United States (HTS), which provides for other tractors with a net engine power of less than 223.8 kW. 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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