CLA-2-87:S:N:N1:106 811315
Ms. Hilary Brown
Macfarms of Hawaii, Inc.
SR Box 25
Captain Cook, HI 96704
RE: The tariff classification of a tree shaking harvester and
tractor from Australia
Dear Ms. Brown:
In your letter dated June 1, 1995 you requested a tariff
classification ruling. You included photographs with your
request.
The tree shaking harvester consists of a shaking mechanism,
a trampoline catching mat and a receiving bin. The shaking
mechanism and the catching mat are attached frontally to the
hydraulic system of a Fendt 380 tractor, which is a diesel-
powered four wheeled tractor with a 3 point hitch and an 80
horsepower PTO. The receiving bin is mounted to the 3 point
hitch on the rear of the tractor and is raised and lowered by the
hitch for offloading purposes, aided by hydraulic cylinders to
open and close the bin's hatch.
In operation the harvester, as transported by the tractor,
proceeds from tree to tree. As each tree is engaged by the
shaker, the trampoline catching mat is activated to encircle the
underside of the tree's canopy. The shaker head is then
activated to clamp the tree trunk and provide the necessary
shaking force to dislodge the tree's produce, in your case,
macadamia nuts. The fallen nuts fall to the base of the catching
mat where a conveying auger transfers them to the hydraulically-
powered tipping receival bin. From there the crop is transferred
to a crop hauling vehicle.
The applicable subheading for the tree shaking harvester,
which includes the shaker, the catching mat and the receiving
bin, will be 8433.59.0090, Harmonized Tariff Schedule of the
United States (HTS), which provides for other harvesting
machinery. The rate of duty will be free.
The applicable subheading for the Fendt 380 tractor will be
8701.90.1040, HTS, which provides for other tractors suitable for
agricultural use. The rate of duty will be free.
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