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NY F80615





December 27, 1999

CLA-2-85:RR:NC:1:112 F80615

CATEGORY: CLASSIFICATION

TARIFF NO.: 8535.90.8040

Mr. Mick W. Blakely
Border Brokerage Co., Inc.
17637 1st Ave.
Surrey B.C. V4P 2K1

RE: The tariff classification of a power rail expansion joint from Canada

Dear Mr. Blakely:

In your letter dated December 3, 1999, on behalf of Vigen Trans Tech, Inc., you requested a tariff classification ruling.

As indicated by the submitted descriptive literature, the power rail expansion joint is designed to bridge a pre-determined gap in a power rail that is used in conjunction with railroad tracks. The joint consists of several components and hardware, with the main features being two splice bars and a flexible braid that allows electrical continuity across the gap.

The applicable subheading for the power rail expansion joint will be 8535.90.8040, Harmonized Tariff Schedule of the United States (HTS), which provides for electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits, for a voltage exceeding 1,000 V: Other: Other. The rate of duty will be 3.2 percent ad valorem. The rate of duty for merchandise entered for consumption, or with drawn from warehouse for consumption, on or after January 1, 2000 will be 2.7 percent ad valorem.

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 David Curran at 212-637-7049.

Sincerely,

Robert B. Swierupski
Director,

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