The tariff classification of forklift trucks from Italy

NY H83985 August 10, 2001 CLA-2-84:RR:NC:1:103 H83985 CATEGORY: Classification TARIFF NO.: 8427.10.4000; 8427.20.4000 Mr. Octavio Segarra Doors, Inc. 1460 Elida Street San Juan, PR 00920 RE: The tariff classification of forklift trucks from Italy Dear Mr. Segarra: In an undated letter which was received on July 16, 2001 you requested a tariff classification ruling. With your inquiry you submitted a brochure depicting and describing Drago models 250, 300, and 350 forklift trucks. The units basically consist of a four-wheeled chassis with a front mounted mast assembly to which the forks are attached. They feature an electronically controlled hydrostatic transmission, adjustable steering wheel and driver’s seat, and oil-immersed brakes which are automatically applied whenever the fuel pedal is released. The brochure indicates these trucks are powered by either a diesel or LPG engine, while your letter states that an electric motor may also be utilized. Your letter further states that these forklift trucks have a lifting capacity ranging from 1,000 to 15,000 pounds. The applicable subheading for Drago 250, 300, and 350 forklift trucks powered by an electric motor will be 8427.10.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for fork-lift trucks: self-propelled trucks powered by an electric motor: rider-type, counterbalanced fork-lift trucks. The rate of duty will be free. The applicable subheading for diesel and LPG powered Drago 250, 300, and 350 forklift trucks will be 8427.20.4000, HTS, which provides for fork-lift trucks: other self-propelled trucks: rider-type, counterbalanced fork-lift trucks. The rate of duty will again 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 Alan Horowitz at 212-637-7027. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division