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NY H81337




June 28, 2001

CLA-2-85:RR:NC:N1:113 H81337

CATEGORY: CLASSIFICATION

TARIFF NO.: 8716.39.0050

Mr. Bob E. Doyle
Affiliated Customs Brokers, Ltd.
411 rue des Recollets
Montréal, QC, Canada H2y 1W3

RE: The tariff classification of a generating set from Canada

Dear Mr. Doyle:

In your letter dated May 15, 2001, on behalf of Jupiter Solutions, you requested a tariff classification ruling.

The merchandise is a diesel-powered mobile generating set of 1000 kW and 1500 kW. The complete units are mounted in extensively modified intermodal containers of 20 or 40 feet. The containers will have the diesel-engine driven generators, insulated walls, a cooling system, fuel tanks, a ventilation system, a sound muffling system, and electrical wiring, equipment and controls. The container is secured onto a semi-trailer.

The goods will be imported into the United States as complete mobile units. The containerized gen-set may be used as a mobile, stand-alone unit or removed from the semi-trailer and permanently installed.

The applicable subheading for the generating set will be 8502.13.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for electrical generating sets with compression-ignition internal combustion piston engines (diesel or semi-diesel engines) of an output exceeding 375 kVA exceeding 1000 kVA. The duty rate will be 2 percent.

The applicable subheading for the semi-trailer will be 8716.39.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for other trailers and semi-trailers for the transport of goods, other, other, other, platform type. The duty rate will be free.

Your inquiry does not provide enough information for us to give a classification ruling on the “unfinished gen-set.” Your request for a classification ruling should include a complete breakdown and floor plan of all of the equipment contained in the container. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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 James Smyth at 212-637-7008.

Sincerely,

Robert B. Swierupski
Director

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