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NY 872971


MAY 4, 1992

CLA-2-84:S:N:N1:102 872971

CATEGORY: CLASSIFICATION

TARIFF NO.: 8414.59.8095; 7326.90.9090

Mr. Ed Baker
A.N. Deringer, Inc.
30 West Service Road
Champlain, N.Y. 12919-9703

RE: The tariff classification of a series of rotary piston air compressors from Spain, and soundproofing hoods from Canada

Dear Mr. Baker:

In your letter dated March 31, 1992, on behalf of your client, Blo-Aer International, Quebec, you requested a tariff classification ruling.

The items at issue are the "RN" series of rotary piston blowers, the series "F" complete blower sets, and optional steel noise enclosures for the "F" series. The RN series are machines designed for the conveyance, impulsion, and compression of absolutely oil free air and neuter gases. They range in size from under 1kW to over 100 kW. The "F" series are complete blower assemblies, consisting of electric motor drive, rotary piston blower, filters, safety valves, and silencer. The sound enclosures are large, painted steel boxes, lined with non- flammable, polyester sound-absorbing foam, with detachable top and side. They are designed to contain one complete "F" series blower assembly.

The applicable subheading for the RN and F series will be 8414.59.8095, Harmonized Tariff Schedule of the United States (HTS), which provides for other blowers, other, other. The duty rate will be 4.7 percent ad valorem. The steel sound enclosures will be classified under subheading 7326.90.9090, HTS, which provides for other articles of iron or steel, other, other. The duty rate will be 5.7 percent ad valorem.

Goods classifiable under subheading 7326.90.9090, HTS, which have originated in the territory of Canada, will be entitled to a 3.4 percent ad valorem rate of duty under the United States- Canada Free Trade Agreement (FTA) 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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