NY 857611

NOV 27 1990


CLA-2-84:S:N:N1:103 857611

Mr. Billy J. Gwin
Geo. S. Bush & Co., Inc.
1400 Exchange Building
821 Second Avenue
Seattle, Wa. 98104

RE: The tariff classification of straddle carrier components from Hong Kong and Finland

Dear Mr. Gwin:

In your letter dated October 26, 1990 on behalf of Valmet Materials Handling Equipment, Inc. you requested a tariff classification ruling.

Straddle carriers are self-propelled machines used in container terminals to load, unload, stack, and transport containers over short distances. In your letter you state your client will import straddle carriers in two separate shipments. The superstructure, consisting of four vertical columns, rectangular top frame, ladder, railing and platform, and engine exhaust pipe will be imported from Hong Kong in one shipment. The balance of the unit, consisting of the side frames (which incorporate the engine, drive train, and wheels), the control cabin, and the spreader and its hoisting system will be separately imported from Finland. After importation, the components will be assembled together to form complete straddle carriers.

Merchandise is classifiable in the Harmonized Tariff Schedule of the United States (HTS) in accordance with the General Rules of Interpretation. General Rule of Interpretation 2(a) states that unassembled and/or incomplete articles may be classified in the heading for the article provided that, as entered, the unassembled or incomplete article has the essential character of the assembled or complete article. Neither the shipment from Hong Kong nor the shipment from Finland will have the essential character of a straddle carrier. Thus neither shipment can be classified in the provision for straddle carriers found in heading 8426, HTS.

The applicable subheading for the vertical columns, top frame, side frames, control cabin, and the spreader with its hoisting system will be 8431.49.1060, HTS, which provides for parts suitable for use solely or principally with straddle carriers of heading 8426. The duty rate will be 2 percent ad valorem. The applicable subheading for the ladder, railing and platform will be 7308.90.9090, HTS, which provides for other structures and parts of structures of iron or steel: other. The duty rate will be 5.7 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the engine exhaust pipe. Your request for a classification ruling should include the dimensions and chemistry of each length of pipe. Also, please indicate whether they are made to any industry specifications such as ASTM.

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