Application for Further Review of Protest No. 4503-07-100004; Classification of a Nose Wheel Dolly and a Jury Undercarriage; Correction of Clerical Error in HQ H036356

HQ H096895 April 7, 2010 CLA-2 OT:RR:CTF:TCM H096895 HkP CATEGORY: Classification TARIFF NO.: 8716.39.00; 8716.80.50 Port Director, Port of Wichita U.S. Customs and Border Protection 2227 Air Cargo RoadCargo BuildingWichita, KS 67209 Attn: SIS James B. Roberts RE: Application for Further Review of Protest No. 4503-07-100004; Classification of a Nose Wheel Dolly and a Jury Undercarriage; Correction of Clerical Error in HQ H036356 Dear Port Director: This concerns Headquarters Ruling Letter (HQ) H036356, issued in response to the Application for Further Review (AFR) of Protest no. 4503-07-100004, timely filed on behalf of Learjet Inc. At issue was the correct classification of a nose wheel dolly and jury undercarriage under the Harmonized Tariff Schedule of the United States (HTSUS). The factual background and legal analysis contained in HQ H036356 is hereby incorporated by reference. In HQ H036356, CBP correctly found that the nose wheel dolly was classified under heading 8716 (8716.39.00), HTSUS, as a trailer or semi-trailer for the transport of goods. CBP was also correct in finding that the jury undercarriage was classified under subheading 8716.80.50, HTSUS, as a vehicle “other” than a trailer or semi-trailer. However, in the holding section of the ruling, we inadvertently addressed the classification of the nose wheel dolly twice and, in one of those instances, mistakenly attributed the correct classification of the jury undercarriage (subheading 8716.80.50, HTSUS) to the nose wheel dolly. In addition, we did not mention the jury undercarriage in the holding. HQ H036356 is modified only with respect to the description in the holding section of the merchandise classified in subheading 8716.80.50, HTSUS. That merchandise is the jury undercarriage, not the nose wheel dolly. We consider this to be a modifying ruling correcting a clerical error. Under the provisions of 19 U.S.C. § 1625 (c)(1), publication in the Customs Bulletin and Decisions of a modifying ruling correcting a clerical error is not required. Sincerely, Gail A. Hamill, Chief Tariff Classification and Marking Branch