HQ 956003

June 20, 1995

CLA-2 R:C:M 956003 DWS

CATEGORY: Classification

TARIFF NO.: 8704

Mr. Frank M. Murphy

Carr Consulting Group

P.O. Box 398

Farmington, MI 48332-0398

RE: Components of Off-Road Dump Trucks Contained in Separate

Shipments; U.S. v. Baldt Anchor; HQ 950034; NAFTA Certificate

of Origin; Article 501

Dear Mr. Murphy:

This is in response to your letter of February 3, 1994, to the Regional
Commissioner of

Customs, New York, and your facsimile transmission of May 26, 1994, to
this office, on behalf of

Euclid-Hitachi, concerning the applicability of the North American Free
Trade Agreement

(NAFTA) and classification of components of off-road dump trucks under
the Harmonized Tariff

Schedule of the United States (HTSUS). We regret the delay of our
response.

FACTS:

The merchandise consists of disassembled off-road dump trucks (model
nos. R35, R60, R85B,

R130, R170, and R190), entered into the U.S. in several shipments from
Canada. The payload

range of the trucks is from 35 to 209.5 tons, they are equipped with
diesel engines, and their

maximum gross machine weight (GMW) ranges from 146,000 pounds (lbs.) to
683,000 lbs. With

body installed, the R85B measures 33 feet 8 inches x 16 feet 9 inches x
17 feet 10 inches, the

chassis weighs 106,150 lbs., and the body weighs 25,850 lbs. for a GMW
of 132,000 lbs.

Because these vehicles are so large and heavy, they cannot be
accommodated on public roads.

Each vehicle is manufactured pursuant to customer specifications. After
the vehicle is ready

for shipment, it is necessary for it to be disassembled and forwarded to
the U.S. in multiple truck

or rail car loads. A single \"knocked-down\" dump truck, disassembled
into separate shipments

will never cross the U.S. border at the same time. In fact, the
components of a single dump truck

will be separated into multiple shipments, and may well arrive in the
U.S. on different days.

You have provided invoices and purchase orders of one dump truck as an
example of the

importation of dump trucks by Euclid-Hitachi into the U.S. from Canada.
The subject invoices

demonstrate that one shipment contained the truck\'s chassis and
attached transmission; another

shipment included the truck\'s front and rear axle assemblies, a parts
box, and the fuel tank

assembly; and a third shipment included the tire and rim assembly. These
shipments arrived in the

U.S. on different days. After all of the components are imported, they
are delivered directly to

the customer\'s job site, where the truck is completely assembled. Not
all of the components are

wholly produced in Canada; for instance, the truck\'s tires are from
Spain.

ISSUE:

Whether the components of an off-road dump truck contained in separate
shipments together

constitute a complete truck.

LAW AND ANALYSIS:

Classification of merchandise under the HTSUS is in accordance with the
General Rules of

Interpretation (GRI\'s).

GRI 1 provides that classification is determined according to the terms
of the headings and any

relative section or chapter notes.

In U.S. v. Baldt Anchor, 59 CCPA 122 (1972), the Court of Customs and
Patent Appeals

(CCPA) addressed a similar issue. In that case, six machines designed to
be used and operated

together were imported in two shipments on different days (one in the
first shipment and five in

the second) and each classified separately. The importer claimed
classification of the two

shipments as an entirety. The Court cited to the long-established
principle that articles which are

not imported together are precluded from being classified as an
entirety. Baldt Anchor at 126.

Therefore, the Court held that because one machine was imported in a
shipment separate from the

five machines imported in the second shipment, it cannot be considered
together with the second

shipment to form an entirety. Id.

With regard to the subject merchandise, different components of a truck
are imported on

different days. Based upon the reasoning in Baldt Anchor, the components
contained in the

separate shipments do not together constitute a complete truck, and each
shipment must be

classified separately based upon the components contained therein. See
HQ 950034, dated

February 3, 1992, for a classification ruling concerning an off-highway
dump hauler shipped in

parts entered separately.

Because we conclude that separate entries of the truck components are
required, it is our

position that a blanket NAFTA certificate of origin may not be issued
for the dump truck.

Instead, a certificate of origin covering the components separately
entered must be executed.

Because we recognize this requirement may be regarded as difficult, our
policy in this area is

under study.

HOLDING:

The components of an off-road dump truck contained in the separate
shipments do not

together constitute a complete truck, and each shipment must be
classified separately based upon

the components contained therein.

A NAFTA blanket certificate of origin is not acceptable.

A separate certificate of origin must be presented for each component
separately entered.

Sincerely,

John Durant, Director

Commercial Rulings Division