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NY 867419


October 22, 1991

CLA-2-84:S:N:N1:109 867419

CATEGORY: CLASSIFICATION

TARIFF NO.: 8411.21.4000

Mr. George D. Thomas
George D. Thomas & Co.
13610 S. W. 81st St
Miami, FL 33183

RE: The tariff classification of turbo-prop engine from Canada.

Dear Mr. Thomas:

In your letter dated September 20, 1991, you requested a tariff classification ruling.

The subject merchandise is a turbo-prop engine, identified in your letter as model PT6A, manufactured by Pratt & Whitney, Canada. The engines are sent to various aircraft manufacturers for installation in their aircraft. They are used in many famous and well known aircraft such as the Piper Cheyenne, many models of aircraft manufactured by Beech, the Cessna Conquest and Caravan, and various manufacturers in other countries.

The applicable subheading for the turbo-prop engine will be 8411.21.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for aircraft turbines of a power not exceeding 1,000 kW. The rate of duty will be 5 percent ad valorem.

Goods classifiable under subheading 8411.21.4000, HTS, which have originated in the territory of Canada, will be entitled to a 2 percent rate of duty under the United States - Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

Articles classifiable under subheading 8411.21,4000, HTS, which are products of Canada, and are certified for use in civil aircraft in accordance with General Note 3(c)(iv), HTS, are entitled to duty free treatment under the Agreement on Trade in Civil Aircraft upon compliance with all applicable regulations.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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