NY 866920: The tariff classification of a "Ridge Mulcher" from Canada

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                          
                                   NY 866920

                              September 20, 1991


CLA-2-84:S:N:N1:106-866920  

CATEGORY:  Classification

TARIFF NO.: 8430.69.0000  

Mr. Bill Jerome
H.A. & J.L. Wood, Inc.
U.S. Customs Broker
Pembina, ND 58271

RE:  The tariff classification of a "Ridge Mulcher" from Canada

Dear Mr. Jerome:

     In your letter dated September 3, 1991, on behalf of Triple
"S" Industries Ltd. Sask., Canada, you requested a tariff
classification ruling.
You have submitted a photograph of the machine and descriptive
literature.

     The "Ridge Mulcher" TD 2000 is a machine that assists in
reclaiming gravel that has been lost over the sides of roads. 
During road maintenance operations, graders pull the gravel and
dirt slope of the road back onto the road.  They also bring up
sods with the gravel, leaving the road with a ridge of sod and
gravel.  The "Ridge Mulcher" is then used to pulverize and level
this material, leaving the gravel on the road where it can be
used again.

     The "Ridge Mulcher" TD 2000 is mounted on a wheeled frame,
and it has a draw bar that connects it to a towing motor vehicle. 
The machine features twin drums, replaceable hardfaced teeth,
standard replaceable parts (bearings, chains, sprockets, etc.),
and a self contained hydraulic system.
     
     The applicable subheading for the "Ridge Mulcher" TD 2000
will be 8430.69.0000, Harmonized Tariff Schedule of the United
States (HTS), which provides for other moving, grading, leveling,
scraping, excavating, tamping, compacting, extracting or boring
machinery, not self propelled, for earth, minerals or ores,
other.  The rate of duty will be 2.5 percent ad valorem.   
     
     Goods classifiable under subheading 8430.69.0000, HTS, which
originated in the territory of Canada, will be entitled to a 1
percent rate of duty under the United States-Canada Free Trade
Agreement 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