The tariff classification of “Earthmover” and “Off-The-Road” Radial Tires from Netherlands and Canada

NY H88622 March 4, 2002 CLA-2-40:RR:NC:MM:101 H88622 CATEGORY: Classification TARIFF NO.: 4011.63.0000 Ms. Margaret Wilson Michelin North America, Inc. Post Office Box 19001 Greenville, North America 29602-9001 RE: The tariff classification of “Earthmover” and “Off-The-Road” Radial Tires from Netherlands and Canada Dear Ms. Wilson: In your letter dated February 8, 2002 you requested a tariff classification ruling. You submitted illustrative literature of machinery on which these tires are used. You are requesting a binding tariff classification for XHA Tread Pattern of Global Part Numbers (CAI) 123008, 123009, 263451, 123054, and 123433. Global Part Number (CAI): 123008 TRA Code: L3 Description: 15.5R25 XH A TL* Rim Diameter: 25 inches, which exceeds 61 cm Tire Tread: XHA Tread Pattern Global Part Number (CAI): 123009 TRA Code: L3 Description: 17.5R25 XH A TL* Rim Diameter: 25 inches, which exceeds 61 cm Tire Tread: XHA Tread Pattern Global Part Number (CAI): 263451 TRA Code: L3 Description: 20.5R25 XH A TL* Rim Diameter: 25 inches, which exceeds 61 cm Tire Tread: XHA Tread Pattern Global Part Number (CAI): 123054 TRA Code: L3 Description: 23.5R25 XH A TL* Rim Diameter: 25 inches, which exceeds 61 cm Tire Tread: XHA Tread Pattern Global Part Number (CAI): 123433 TRA Code: L3 Description: 26.5R25 XH A TL* Rim Diameter: 25 inches, which exceeds 61 cm Tire Tread: XHA Tread Pattern You state in your narrative that the use of these tires is defined as “tires for work machines on loaders, graders, dozers, and telescopic handlers by Michelin North America (MNA). The use of the tires determined by the Tire & Rim Association (TRA) coding system as “L” is defined as the code for “loaders and dozers”. The applicable subheading for the “Earthmover” and “Off-The-Road” Radial Tires, XHA Tread Pattern of Global Part Numbers (CAI) 123008, 123009, 263451, 123054, and 123433 will be 4011.63.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for New pneumatic tires of rubber: Other, having a “herring-bone” or similar tread: Of a kind used on construction or industrial handling vehicles and machines and having a rim size exceeding 61 cm. 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 Robert DeSoucey at 646-733-3008. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division