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NY 806525




February 10, 1995

CLA-2-86:S:N:N1:106 806525

CATEGORY: CLASSIFICATION

TARIFF NO.: 8608.00.0000

Mr. D. J. Kondopulos
National Selections Capital Corp.
West Vancouver P.O.
P.O. Box 33019
West Vancouver, B.C.
Canada V7W 2V7

RE: The tariff classification of a railroad wagon retarder from South Africa

Dear Kondopulos:

In your letter dated January 24, 1995 you requested a tariff classification ruling. You included descriptive literature with your request

The so-called railroad wagon retarder is a self-contained hydraulic device requiring no external power source which is used in a marshalling yard to control the speed of freight cars as they are positioned in the yard. The unit can be preset to retard freight cars at desired speed settings ranging from 0 to 5.0 m/sec. The units are bolted to the rail web at pre- determined heights and extract kinetic energy from passing cars through resistance of the unit's hydraulically-operated piston if the car is travelling above the pre-determined speed. Cars travelling below the target speed will meet no resistance from the retarder. After a car passes, the retarder returns to its original setting for the next pass.

The applicable subheading for the railroad wagon retarders will be 8608.00.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for signalling, safety or traffic control equipment for railways. The rate of duty will be 5.3 percent ad valorem.

Articles classifiable under subheading 8608.00.0000, HTS, which are products of South Africa are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. Eligible articles shall be imported directly from a beneficiary developing country (BDC) to qualify for treatment under the GSP. Your attention is directed to Section 10.175 of the Customs Regulations, a copy of which is attached for your convenience.

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
New York Seaport

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