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NY 875348




JULY 13, 1992

CLA-2-90:S:N:N1:102 875348

CATEGORY: CLASSIFICATION

TARIFF NO.: 9032.89.4000

Mr. Gern F. Scott
C.J. Tower Inc.
128 Dearborn Street
Buffalo, N.Y. 14207-3198

RE: The tariff classification of an adaptive VAR compensator from Canada

Dear Mr. Scott:

In your letter dated June 10, 1992, on behalf of your client, Trench Electric, Ontario, Canada, you requested a tariff classification ruling.

The item involved in this request is known as an Adaptive VAR Compensator (AVC). It is a solid state switched capacitor bank which can immediately compensate for any fast changes in reactive electrical demand by an industrial user. Because of the nature of the equipment used by these electric customers, such as elevators, pumps and conveyors, rapid changes in electric demand occur frequently, causing wide swings in consumption and inefficient electrical utilization. The AVC incorporates a micro-processor which monitors these surges and, by imputing stored electricity from banked capacitors, evens out the system demand.

The applicable subheading for the Adaptive VAR Compensator will be 9032.89.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for other automatic regulating or controlling instruments and apparatus; automatic voltage and voltage-current regulators, other. The duty rate will be 4.9 percent ad valorem.

Goods classifiable under subheading 9032.89.4000, HTS, which have originated in the territory of Canada, will be entitled to a 2.9 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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