Garbage truck with compactor, special pick up and dumping device, and removable container body
Active· CBP ruling HQ 085125· Issued 1989-11-15
Ruling text
HQ 085125
November 15, 1989
CLA-2 CO:R:CV:G: 085125 JLV
CATEGORY: Classification
TARIFF NO.: 8704.22.50; 9903.87.00
Mr. Johannes Kirchhoff
EDELHOFF Polytechnik GmbH & Co
Postfach 5051
5860 Iserlohn 5
West Germany
RE: Garbage truck with compactor, special pick up and dumping
device, and removable container body
Dear Mr. Kirchhoff:
In a letter of July 5, 1989, you requested a ruling, on
behalf of EDELHOFF Polytechnik GmbH & Co., on the classifica-
tion of a motor vehicle designed for the collecting and
compacting refuse. Our decision follows.
FACTS:
The Packer I is a motor vehicle that has been designed
for the collection and compaction of materials, such as
refuse. The motor vehicle has a compactor unit permanently
mounted over the front wheels and directly behind and
extending in part over the cab. The compactor unit is loaded
from the top. The motor vehicle also has a mechanical device,
mounted on the front, which will pick up curbside refuse con-
tainers (apparently specially designed as to size and form)
and dump the contents into the compactor. The cab of the
vehicle extends over the front wheels and provides clear
visual contact with the loading device. Finally, the motor
vehicle is designed for use with a removable container body as
the means for storing and transporting compacted refuse. The
motor vehicle is equipped with an hydraulic tipping frame
which operates to load, secure, and unload a container body.
You state that these motor vehicles are not designed to
transport refuse over distances of more than a few miles. The
design is for the collection and compaction of refuse.
- 2 -
However, there is no factual information which would limit the
motor vehicle to short distance transport. Furthermore, the
facts do not indicate whether the vehicle is powered by a
compression-ignition engine or a spark-ignition engine, nor do
they indicate the gross vehicle weight (G.V.W.).
ISSUE:
Is the motor vehicle, described above, a vehicle for the
transport of goods within heading 8704, Harmonized Tariff
Schedule of the United States Annotated (HTSUSA), or is it a
special purpose motor vehicle, other than one principally
designed for the transport of goods within heading 8705,
HTSUSA?
LAW AND ANALYSIS:
Motor vehicles, if principally designed for the transport
of goods, are among the kinds of vehicles excluded from
classification in heading 8705, HTSUSA. In this case, the
motor vehicle has a compactor and self-loading device in
addition to its container body design which is suitable for
the transport of refuse.
There are no section or chapter notes which direct
classification to a specific heading. The Explanatory Notes
(EN) to headings 87.04 and 87.05 are instructive. The EN to
87.04 state that the heading includes "refuse collectors
whether or not fitted with loading, compressing, damping,
etc., devices" and "[s]elf-loading vehicles equipped with
winches, elevating devices, etc., but designed essentially for
transport purposes." The EN to 87.05 state that this heading
covers vehicles "specially constructed or adapted, equipped
with various devices that enable them to perform certain non-
transport functions, i.e., the primary purpose of a vehicle of
this heading is not the transport of persons or goods."
The compactor and loading device do not preclude the
vehicle from classification within heading 8704. The
removable container body is no less a body for the transport
of goods than a fixed body or dumper body on a refuse truck.
A motor vehicle designed to use a removable container body for
transport of refuse is similarly no less a refuse truck than
is one designed with a fixed body. Compacting refuse
collectors are included in the kinds of motor vehicles in
heading 8704.
- 3 -
Heading 8705 covers vehicles which consist, for example,
of a specific device, machine or van body containing special
equipment, the function of which is not the transport of
persons or goods. This equipment is mounted on a motor vehi-
cle chassis which serves to transport the equipment. The pri-
mary purpose of these vehicles is the operation of the equip-
ment, i.e., a non-transport function. Examples of these motor
vehicles are: tow trucks, pump trucks, mobile clinics, mobile
welders, mobile generator sets, and mobile drilling derricks.
Specifically excluded from heading 8705 are vehicles
principally designed for the transport of goods. The EN to
8704 indicate that refuse trucks with compacting devices are
within the meaning of motor vehicles "for the transport of
goods." This vehicle is designed as a refuse truck, and,
therefore, in spite of the "removable container body" is
principally designed for the transport of goods.
HOLDING:
The Packer I, a self-loading compacting refuse truck,
designed with a removable container as the cargo body, is
classified as a motor vehicle for the transport of goods in
heading 8704. If it is equipped with a compression-ignition
engine and has a G.V.W. exceeding 5 metric tons but not
exceeding 20 metric tons, it is classified in subheading
8704.22.50, HTSUSA; if it is equipped with a spark-ignition
engine and has a G.V.W. exceeding 5 metric tons, it is
classified in subheading 8704.32.00, HTSUSA. Motor vehicles
classified in subheadings 8704.22.50 and 8704.32.00 are
subject to a duty temporarily increased to 25 percent ad
valorem under subheading 9903.87.00, HTSUSA.
Sincerely,
John Durant, Director
Commercial Rulings Division
6cc: AD NY Seaport
1cc: NIS-101, NY Seaport
2cc: Chief, CIE
1cc: Director, Trade Ops
1cc: AC, CO
1cc: Durant
1cc: Reading file
1cc: Ms. Vicki Allums
LIBRARY: valentin
FILE NAME: 085125
Source: rulings.cbp.gov — ruling 085125, retrieved 2026-10-12T05:18:52Z, republished verbatim. This digest is informational; only CBP issues binding rulings.