The tariff classification of Fendt 409, 410 and 411 tractors from Germany.

NY F88309 June 15, 2000 CLA-2-87:RR:NC:MM:106 F88309 CATEGORY: Classification TARIFF NO.: 8701.90.1035; 8701.90.1040 Mr. G. Gilstorf AGCO Corporation 4205 River Green Parkway Duluth, GA 30096-2568 RE: The tariff classification of Fendt 409, 410 and 411 tractors from Germany. Dear Mr. Gilstorf: In your letter dated June 5, 2000 you requested a tariff classification ruling. You submitted descriptive literature with your request. These wheeled tractors are powered by a 4-cylinder diesel engine and are available in a 4-wheel drive configuration. Other features include a 3-point hitch, wet multi-disc brakes and an electronically-controlled Vario CVT transmission. The Fendt 409 tractor is rated at approximately 72 PTO horsepower, the Fendt 410 tractor is rated at approximately 85 PTO horsepower and the Fendt 411 tractor is rated at approximately 95 PTO horsepower. All three models will be used in farming and can accommodate a variety of agricultural implements such as rotary cutters, plows, loaders, harrows or planters. The applicable subheading for the Fendt 409 tractor will be 8701.90.1035, Harmonized Tariff Schedule of the United States (HTS), which provides for other tractors suitable for agricultural use with a PTO of 44.8 kW or more but less than 59.7 kW. The rate of duty will be free. The applicable subheading for the Fendt 410 and Fendt 411 tractors will be 8701.90.1040, HTS, which provides for other tractors suitable for agricultural use with a PTO of 59.7 kW or more but less than 74.6 kW. The rate of duty will be free. 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 Patrick J. Wholey at 212-637-7036. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division