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NY 818212




February 7, 1996

CLA-2-94:RR:NC:MA: 112 818212

CATEGORY: CLASSIFICATION

TARIFF NO.: 9406.00.8030

Mr. Gavin J. Davidson
Vibron Limited
1720 Meyerside Drive
Mississagua, Ontario
L5T 1A3 Canada

RE: The tariff classification of apparatus for noise control from Canada

Dear Mr. Davidson:

In your letter dated December 28, 1995 you requested a tariff classification ruling.

Your request covers the classification of four (4) items. We are unable to provide a reply for the air conditioning silencers, industrial mufflers, and vibration isolators without more specific information. In order to classify the air conditioning silencers, we need specific information as to the type of silencers that are being imported, i.e., do they contain fans, dampers, etc.; are they lined with insulation material, and, if so, what type. With respect to the industrial mufflers, the submitted literature indicates that they are used with engines which power various types of machinery. Please provide information as to the machinery with which these mufflers are principally used. The principal use is that use which exceeds each of the other uses. The literature for the vibration isolators describes various types and uses for these isolators. Once again, information as to the principal use of the vibration isolators is necessary.

The acoustical enclosure is constructed of galvanized steel panels lined with sound absorbing mineral wool. These enclosures are available in various sizes and can be used to house machinery or as enclosures for personnel as protection from noise sources.

The applicable tariff provision for the acoustical enclosure will be 9406.00.8030, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other prefabricated buildings of metal. The general rate of duty will be 4.6 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist David Curran at 212-466-5680.

Sincerely,

Roger J. Silvestri

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