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NY A80760




March 1, 1996

CLA-2-86:R:N1:106 A80760

CATEGORY: CLASSIFICATION

TARIFF NO.: 8604.00.0000

Mr. B. Stork
Union Air Transport Inc.
11955 Rue Cargo St. - ste 206
Montreal International Airport
Mirabel (Quebec) J7N 1G3
Canada

RE: The tariff classification of railway tamping machinery from Austria

Dear Mr. Stork:

In your letter dated February 21, 1996, on behalf of Plasser Canada Inc., you requested a tariff classification ruling. You included descriptive literature with your request.

The merchandise at issue is the Plasser Switch & Production Tamper, model 08-32. It is a heavy duty, hydraulically-powered tamping machine incorporated into a frame which is mounted on two heavy duty railroad-type wheel axle assemblies designed for use on 4 ft., 8 1/2 inch standard gauge track. It is a multi-function tamping machine and has fully automatic track lifting, lining, and cross-levelling capabilities. The unit is self-propelled and is equipped with a turbo-charged liquid-cooled diesel engine. The incorporated tamping machinery is hydraulically powered and is operated from a full enclosed, rear-mounted cab.

The applicable subheading for the Plasser Tamper 08-32 will be 8604.00.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for railway or tramway maintenance or service vehicles, whether or not self-propelled. The rate of duty will be 3.4 percent ad valorem.

You also asked about the applicability of any antidumping or countervailing duty cases to this merchandise. It is the opinion of this office that the Plasser 08-32 Tamper is subject to the antidumping investigation involving railway track maintenance equipment under a Department of Commerce dumping investigation published in the Federal Register of February 17, 1978. There is currently a zero deposit requirement in this case. If you wish a binding ruling on the applicability of the ADA case to your merchandise, please write directly to the Department of Commerce, International Trade Administration, Office of Compliance, Washington, D.C. 20230.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 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 Patrick J. Wholey at 212-466-5668.

Sincerely,

Roger J. Silvestri
Director

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