CLA-2-84:OT:RR:E:NC:1:104

Ms. Alicia P. Wells
International Customs Services
13114 Spivey Drive
Laredo, TX 78045

RE: The tariff classification of Landfill Compactors from the United States

Dear Ms. Wells:

In your letter dated June 9, 2009 on behalf of your client Maquinaria Diesel, you requested a tariff classification ruling.

The landfill compactor is manufactured by Caterpillar with the model number 816F Series 2. The 816F Series 2, landfill compactor is a self-propelled machine used in the solid waste landfill. The unit contains a Cat C9 engine with ACERT. The engine provides superior performance and reliability in landfill applications. This engine has a rated speed of 2,100 rpm, net power of 173kW (232 hp). The operator’s cab is self-enclosed with access from the left side platform. It provides excellent visibility, careful positioning of levers, switches and gauges. The cab also provides a built-in storage compartment for the operator’s personal items. The landfill compactor contains self cleaning chopper wheels which are designed to deliver maximum compaction and traction. Aggressive chopping action is provided by 20 blades per wheel. The blades are mounted differently on the front and rear wheels to maximize chopping and compaction in both forward and reverse. The straight blade which has a height of 6ft 4in is a standard attachment. Built to withstand the rigors of heavy duty dozing, it is an ideal blade for waste management applications.

The applicable subheading for the 816F Series 2 landfill compactor will be 8479.89.9899, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and mechanical appliances: Other: Other: Other. The general rate of duty will be 2.5% ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS 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 Patricia O’Donnell at (646) 733-3011.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division