R00995 R0 Ruling Active

The tariff classification of hydraulic lift gates for automotive trucks from France

Issued November 2, 2004 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 8428.90.0090

Headings: 8428

Product description

You submitted descriptive literature with your request. The merchandise in question is described as hydraulically operated lift gates or tailgates. They are fitted to the rear of automotive trucks to raise and lower cargo. The descriptive literature you submitted describes lift gate series Classic 1502, which is designed to lift 1500 kg at 1000 mm and has a steel or aluminum platform. It has 1 hydraulic cylinder each for lifting and tilting, which is hand-cable remote-controlled. The Classic 1502 comes in a variety of sizes.

CBP rationale

The applicable subheading for the hydraulic lift gates will be 8428.90.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for other lifting, handling, loading or unloading machinery.

Full text

NY R00995 November 2, 2004 CLA-2-84:RR:NC:MM:106 R00995 CATEGORY: Classification TARIFF NO.: 8428.90.0090 Mr. Allen Birmingham Tommy Gate Company 11010 N. Tatum Blvd., Suite 100 Phoenix, AZ 85028 RE: The tariff classification of hydraulic lift gates for automotive trucks from France Dear Mr. Birmingham: In your letter dated October 26, 2004 you requested a tariff classification ruling. You submitted descriptive literature with your request. The merchandise in question is described as hydraulically operated lift gates or tailgates. They are fitted to the rear of automotive trucks to raise and lower cargo. The descriptive literature you submitted describes lift gate series Classic 1502, which is designed to lift 1500 kg at 1000 mm and has a steel or aluminum platform. It has 1 hydraulic cylinder each for lifting and tilting, which is hand-cable remote-controlled. The Classic 1502 comes in a variety of sizes. The applicable subheading for the hydraulic lift gates will be 8428.90.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for other lifting, handling, loading or unloading machinery. 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 Wholey at 646-733- 3013. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division

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