CLA-2-87:OT:RR:NC:N1:101
Richard B. Fantasia, Atty-In-Fact
Savino Del Bene USA, Inc.
1905 S. Mount Prospect Road, Unit D
Des Plaines, IL 60018-1856
RE: The tariff classification of an elevating transporter from Germany
Dear Mr. Fantasia,
In your letter dated September 23, 2010, you requested a tariff classification ruling on behalf of your client, Marinette Marine of Marinette, Wisconsin.
The item under consideration has been identified as the Series 1400 Kamag Elevating Transporter
(U1403S HS2E). It is a cargo vehicle equipped with a hydraulically-operated lifting and lowering platform designed for the transport of heavy loads. The Transporter can drive under cargo loads, lift the load by means of the platform, transfer it to any desired location, and set down the load without the aid of a crane or other lifting equipment. It is equipped with a single occupant cabin located under the platform. You state in your request that the Transporter can be equipped with a secondary cabin.
The Kamag 1400 Series is equipped with a Duetz diesel engine type (TCD 2013 L06 water-cooled, turbocharged, after cooled) which produces 190kW (258HP) at 2,300 rpm and has a top speed of 16 km/h unloaded and 5 km/h with a nominal payload. It measures approximately 40 feet in length, 17 feet in width and has a total lift height of approximately 2 ¼ feet. You state that the Gross Vehicle Weight (G.V.W) is 192,000 kg (192 metric tons).
The applicable classification subheading for the Series 1400 Kamag Elevating Transporter (U1403S HS2E) will be 8704.23.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Motor vehicles for the transport of goods: Other, with compression-ignition internal combustion piston engine (diesel or semi-diesel): G.V.W. exceeding 20 metric tons.” The rate of duty will be 25%.
Duty rates are provided for your convenience and are subject to change. The text of the most recent Harmonized Tariff Schedule of the United States and the accompanying duty rates are provided on the World Wide Web at http://ww.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 Richard Laman at 646-733-3017.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division