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NY R03139

February 2, 2006

CLA-2-87:RR:NC:N1:106 R03139


TARIFF NO.: 8701.90.1035

Mr. Gary Gilstorf
AGCO Corporation
4205 River Green Parkway
Duluth, GA 30096

RE: The tariff classification of the Massey Ferguson 491 tractor from Brazil.

Dear Mr. Gilstorf:

In your letter dated January 20, 2006, you requested a tariff classification ruling.

The Massey Ferguson 491 wheeled tractor is powered by a Perkins diesel engine and is available in either a 2 or 4-wheel drive configuration. Other features include a 3-point hitch and a 12x4 transmission. This tractor is rated at approximately 77 PTO horsepower (57.4 kW). The Massey Ferguson 491 tractor will be used in farming and can accommodate a variety of agricultural implements such as mowers, rakes and balers.

The applicable subheading for the Massey Ferguson 491 tractor will be 8701.90.1035, Harmonized Tariff Schedule of the United States (HTS), which provides for other tractors suitable for agricultural use with a PTO of 44.8 kW or more but less than 59.7 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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