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NY F82308




January 31, 2000

CLA-2-84:RR:NC:MM:106 F82308

CATEGORY: CLASSIFICATION

TARIFF NO.: 8408.10.0040; 8408.10.0050

Mr. John T. Hyatt
The Irwin Brown Company
212 Chartres St.
P.O. Box 2426
New Orleans, LA 70176-2426

RE: The tariff classification of marine diesel engines from Spain.

Dear Mr. Hyatt:

In your letter dated January 19, 2000, on behalf of Reagan Equipment Co., Inc., you requested a tariff classification ruling. You submitted descriptive literature with your request.

The articles in question are marine diesel engines, identified as models 180TAD, 240TAD, 360TAD and 480TAD. These marine engines range from 6 cylinders to 16 cylinders and from 589 to 1571 in horsepower ratings. Other features include direct injection, cooled exhaust manifolds, thermostatic valves and high performance turbochargers. You state that these engines will be imported bare, that is, there will be no fuel delivery system to run the engines nor any capability to transmit power via drive trains, and so on. You also indicate that although these are marine diesel engines, they will be used in power generation, compressors and other applications in the oil exploration industry. However, regardless of their end use, these engines are of the class and kind of engine categorized as marine propulsion engines for tariff purposes.

The applicable subheading for the marine diesel engines, model 180TAD (439 kw) and model 240TAD (585 kw) will be 8408.10.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for marine propulsion engines exceeding 373 kw but not exceeding 746 kw. The rate of duty will be 2.5 percent ad valorem.

The applicable subheading for the marine diesel engines, model 360TAD (878 kw) and model 480TAD (1171 kw) will be 8408.10.0050, HTS, which provides for marine propulsion engines exceeding 746 kw. The rate of duty will be 2.5 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 Patrick J. Wholey at 212-637-7036.

Sincerely,

Robert B. Swierupski
Director,

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