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NY 896369




April 6, 1994

CLA-2-86:S:N:N1:106 896369

CATEGORY: CLASSIFICATION

TARIFF NO.: 8604.00.0000

Mr. Bill Jerome
H.A. & J.L. Wood, Inc.
U.S. Customs Broker
Pembina, ND 58271

RE: The tariff classification of a "rail road power unit" from Canada

Dear Mr. Jerome:

In your letter dated March 24, 1994, on behalf of Brandt Road Rail Corporation, Regina, Sask., Canada, you requested a tariff classification ruling. You have descriptive information and photographs with your request.

The imported article is a "rail road power unit" which is a hybrid highway tractor that has been modified and specifically designed to operate on rail tracks. The vehicle was configured from the chassis of a class-8 highway tractor. The unit is equipped with 28-inch steel box car wheels and rail couplers on each end which enable it to operate on rails as a car mover. The wheels are retractable, which allows the vehicle to be operated on either highways or standard gauge railway tracks. In the rail mode two rail axles are lowered into contact with the track rails and the tag axle is retracted upwards. The highway steering axle is raised clear of the rail by the lifting action of the rail wheel sets.

Tractive power for both the highway and rail operations is developed by a 425 hp Caterpillar diesel engine (standard to the tractor) coupled to an Eaton Ceemat hydraulic-automatic transmission.

The unit is equipped with two separate and independent braking systems. For highway operations the standard truck braking system operates in the normal manner. For rail operations, the unit is fitted with a Knorr Brake "LBD" pneumatic direct release brake system. This system is designed for operating the brakes on the freight equipment that is being towed. The power unit can pull up to fifteen (15) loaded or twenty five (25) empty 100 ton railway hopper cars at speeds up to 25 miles per hour. The knuckle boom crane which is mounted on the rear enables the train crew to load and unload railroad ties, rails and maintenance equipment. The vehicle's main function is for use as a rail maintenance vehicle. The applicable subheading for the "rail road power unit" 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 general rate of duty will be 3.7 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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