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NY 899629



August 4, 1994

CLA-2-84:S:N:N3:102 899629

CATEGORY: CLASSIFICATION

TARIFF NO.: 8412.29.8045; 8412.29.8075

Mr. E.P. Ballinger
Rexroth Corporation
Marine & Offshore Div.
P.O. Box 25407
Lehigh Valley, PA 18002-5407

RE:The tariff classification of marine hydraulic drives and fin stabilizers from Italy

Dear Mr. Ballinger:

In your letter dated June 28, 1994 you requested a tariff classification ruling.

Your inquiry specified six systems that you were considering importing. The first item was the LS series of marine main propulsion units. These consist of a rotary axial piston hydraulic motor coupled to a marine propeller and encased in an underwater housing. The hydraulic motors are powered by diesel or gas driven hydraulic power assemblies mounted on the boat. The next three items, the HDS Hydrostatic Z-drive; the BT20 or BTM Bow Thruster; and the HM Hydraulic propulsion unit, are all similar to the first item, just varying in application, size, power and installation. The fifth item is the SF 1000 and SF 2000 fin stabilizer. These are limited movement rotary hydraulic motors that utilize two hydraulic cylinders. The cylinders are connected to a steel rotor in such a way that linear movement of either cylinder is translated into rotary movement of the rotor. The rotor assembly is ultimately connected, in the U.S., to a stabilizer fin that is used to reduce the ships motion caused by waves. The last item was described as the BT-2000 Bow Thruster Control. Unfortunately the primary descriptive literature submitted for this system was entirely in Italian. As such we lacked sufficient information to comment on that item at this time.

The applicable subheading for the LS, HDS, and HM hydraulic propulsion systems, as well as the BT20 and BTM bow thrusters will be 8412.29.8045, Harmonized Tariff Schedule of the United States (HTS), which provides for unlimited rotary acting, axial piston type hydraulic power engines and motors. The rate of duty will be 3.4 percent ad valorem. The SF 1000 and 2000 fin stabilizer drives (not including the fins) would be classifiable under 8412.29.8075, HTS, which provides for other hydraulic power engines and motors, other. The rate of duty will be 3.4 percent ad valorem.

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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