CLA-2-84:S:N:N1:103 881418

Ms. Julie Smith
Schenkers International Forwarders, Inc.
7221 Investment Drive
N. Charleston, SC 29418

RE: The tariff classification of a crane from France

Dear Ms. Smith:

In your letter dated December 17, 1992 on behalf of PPM Cranes you requested a tariff classification ruling.

The Superstacker Crane is a self-propelled crane used to load, unload, and stack cargo containers in shipping ports and terminals. It basically consists of a wheeled chassis, a telescopic boom with a spreader, and an operator's cabin. The boom can be extended from 20 feet to 40 feet in length in under 10 seconds by means of hydraulic motors, while hydraulic cylinders are used to raise and lower the boom. Attached to the end of the boom is a telescopic spreader capable of rotating 360 degrees, which can hold containers from 20 to 45 feet in length. The spreader features a dampening system to minimize container swaying, twistlocks to hold the container securely, and indicator lamps which are visible to the crane operator. The chassis utilizes an extra-wide rear oscillating axle for optimum stability. The operator's cab contains a joystick which allows one-handed control of boom hoisting, spreader telescoping, and boom rotating. An anti-tipping system shuts down all lifting functions should a container exceed the load capacity of the Superstacker. The crane is powered by a 250 horsepower diesel engine and weighs 67.8 tons. The applicable subheading for the Superstacker Crane will be 8426.41.0005, Harmonized Tariff Schedule of the United States (HTS), which provides for works trucks fitted with a crane. The rate of duty will be 2 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport