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Transfer, Intellectual Property, and Innovation - Form to Request Exclusion of Product

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Exhibit A




Exhibit B
 HQ 089015

 JULY 26, 1991

CLA-2:CO:R:C:M 089015 JAS

CATEGORY: Classification

TARIFF NO. 8429.40.00

Bruce Benedict

John V. Carr & Son, Inc.

50 Monroe Ave., N.W., Suite 250

Grand Rapids, Michigan 40503

RE: Soil Compactors; Vibrating Earth Compacting Machines

Dear Sir:

 In your letter of March 18, 1991, on behalf of J. I. Case,

Inc., Racine, Wisc., you inquire as to the tariff status of

certain vibrating compactors from Germany. Literature was

submitted. Our ruling follows.

FACTS:

 Your inquiry relates to the following models:

 SL1 Rammer 900 Plate Compactor

 SL2 Rammer 1300 Plate Compactor

 AT22 Reversible Plate Compactor 50 Vibratory Roller

 AT40 Reversible Plate Compactor 70 Vibratory Roller

 600 Plate Compactor

 Submitted Literature describes a series of power rollers,

vibrators and compactors for use in road work, construction,

asphalt paving and other earthworks applications. The listed

models weigh from 127 lbs. to 1587 lbs. and are hand operated or

controlled from behind by means of handlebars or yokes utilizing

a self-contained, non-electric (gasoline) motor.

ISSUE:

 Whether the listed models are self-propelled compacting

machines of heading 8429.

 - 2 -

LAW AND ANALYSIS:

 Merchandise is classifiable under the Harmonized Tariff

Schedule of the United States Annotated (HTSUSA) in accordance
with the General Rules of Interpretation (GRIs). GRI 1 states in

part that for legal purposes, classification shall be determined

according to the terms of the headings and any relative section

or chapter notes, and provided the headings or notes do not

require otherwise, according to GRIs 2 through 6.

 The Explanatory Notes (ENs) constitute the Customs

Cooperation Council's official interpretation of the Harmonized

System. While not legally binding on the contracting parties,

and therefore not dispositive, the ENs provide a commentary on

the scope of each heading of the Harmonized System and are thus

useful in ascertaining the classification of merchandise under

the System. Customs believes the notes should always be

consulted. See T.D. 89-80.

 Relevant ENs indicate that the machines of heading 8429

include self-propelled compacting machines, to include tamping

machines and road rollers, both of which are used in road

building. These are to be distinguished from certain earth

compacting rammers classified in heading 8467 as tools for

working in the hand. The ENs indicate the expression "tools for

working in the hand" relates to tools designed to be held in the

hand during use. It also covers heavier tools such as earth

rammers which are portable and can be lifted and moved by hand by

the user, in particular while work is in progress, and which are

designed to be controlled and directed by hand during operation.

To obviate the fatigue of taking their full weight during

operation they may be used with auxiliary supporting devices such

as tripods, jacklegs and overhead lifting tackle.

 Heading 8467 expressly excludes tools which, because of

their weight, size, etc., obviously cannot be used in the hand as

described. This is significant because literature on the models

SL1 and SL2 advertises transport wheels as optional equipment.

If these models are imported with these wheels attached, then the

issue of their portability for heading 8467 purposes is raised.

This does not appear to be the case here.

HOLDING:

 The nine (9) models of the vibratory compactors and road

rollers in issue are provided for in heading 8429. They are

 - 3 -

classifiable in subheading 8429.40.00, HTSUSA, tamping machines

and road rollers. The rate of duty is 2.5 percent ad valorem.

 Sincerely,

 John Durant, Director

Commercial Rulings Division
Exhibit C


Exhibit D
Michael J. Soley Jr.

President and CEO

Miller-Bradford & Risberg, Inc.

W250N6851 HWY 164

Sussex, WI 53089

262.246.5710

msoleyjr@miller-bradford.com

July 27, 2018

Mr. David Dennison

Manager, Marketing Services

BOMAG Americas, Inc.

125 Blue Granite Parkway

Ridgeway, SC 29130

Dear Mr. David Dennison:

I am a life-long resident of the State of Wisconsin and have worked in our family owned 

construction equipment dealership, Miller-Bradford & Risberg, Inc. my entire adult life. Our 

company represents several large and many small construction equipment OEM’s in a territory that 

covers Northern Illinois, the entire State of Wisconsin and the Upper Peninsula of Michigan. We 

have seven strategically located dealerships in that geographic footprint which I travel to regularly. 

To say I have experience and knowledge of transportation infrastructure in this part of America is an 

understatement. The condition of the roads has been poor for many years and is frankly worsening 

which leads me to pen this letter.

Most of the OEM’s we represent, BOMAG included, build machinery that is designed to construct, 

repair and maintain the very infrastructure I drive on daily. This equipment is used by contractors 

and local units of government to build and maintain highways as well as our local roads and bridges. 

Placing a tariff on this equipment will only increase the cost contractors and municipal agencies 

must pay and reduce the amount of money that can be spent to rebuild transportation 

infrastructure in our part of America. This doesn’t seem like a logical choice to me, but I am not 

living inside the beltway.

Wisconsin has several key drivers to its economy including agriculture (especially dairy), 

manufacturing, forestry and tourism. These industries are often in rural area that are constantly 

fighting budget constraints. Why is this important? These industries require strong roads due to 

the heavy loads and volume they place on them. They are vital industries to our rural areas and 

need to be supported if they are to survive. 
Mr. David Dennison

July 27, 2018

Page 2

4843-8841-9951.1

BOMAG builds asphalt recyclers that are used to grind up an old county highway or local road, so it 

can be used to provide a stronger and longer lasting road base for the new layer of asphalt that will 

placed upon it. Yes, the asphalt will be placed by a BOMAG asphalt paver and compacted by 

BOMAG rollers to provide a smooth and strong road that will last for years, if not decades to come. 

Driving up the cost of this equipment by tariff will only reduce the amount of construction and/or 

rehabilitation that can be completed on todays’ deteriorating infrastructure due the already tight 

budgets state and local units of government are facing.

I have copied three Congressman from Wisconsin that understand infrastructure investment creates 

a platform for GDP growth and jobs. I hope they echo my feeling that placing tariffs on construction 

equipment and its supply chain only drives up costs on items the government itself funds (aka

roads) is not intelligent.

Sincerely,

Michael J. Soley Jr.

President and CEO 

Miller-Bradford & Risberg, Inc.

Cc: Congressman Sean Duffy

Congressman Mike Gallagher

Congressman Glenn Grothman