CLA-2-84:S:N:N1:102 867285

Mr. Thomas A. Penksa
Ameri-Can Customshouse Brokers, Inc.
783 Busti Avenue
Buffalo, New York 14213

RE: The tariff classification of a hydraulic cylinder (Ultraram) from Canada

Dear Mr. Penksa:

In your letter dated September 23, 1991, on behalf of your client, UltraMetal Ltd., you requested a tariff classification ruling.

The Ultraram is a linear acting hydraulic cylinder with tie rod ends, for use in various machinery. There are 4 series, each with a PSI ranging from 2000 to 5000 continuous service. The H series is designed for extra heavy duty mill type. The A series is for heavy duty industrial type. The C series is for standard duty type and the E series is for medium duty type.

The applicable subheading for the Ultraram will be 8412.21.0015, Harmonized Tariff Schedule of the United States (HTS), which provides for hydraulic power engines and motors, linear acting, tie-rod type. The duty rate will be 3.4 percent ad valorem.

Goods classifiable under subheading 8412.21.0015, HTS, which have originated in the territory of Canada, will be entitled to a 1.3 percent rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

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