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NY H83186




July 17, 2001

CLA-2-85:RR:NC:N1:113 H83186

CATEGORY: CLASSIFICATION

TARIFF NO.: 8502.39.0000

Mr. Bernard J. Babb
Wasserman, Schneider, Babb & Reed
19th Floor
111 Broadway
New York, NY 10006

RE: The tariff classification of generating sets from Germany.

Dear Mr. Babb:

In your letter dated June 28, 2001, you requested a ruling on behalf of Siemens Shared Services, LLC on tariff classification.

The merchandise is a turbine-driven generating set. The set will be imported under two scenarios. In the first, a steam turbine will be produced at a Siemens facility in Germany and shipped to an FTZ in the United States. It will enter in nonprivileged status. A generator of American origin will be sent to the same FTZ. There, the turbine and generator will be combined and readied for transfer into the Customs territory together as an unassembled gen-set.

Under the second scenario, the turbine will enter the FTZ as nonprivileged merchandise. An American generator will enter the FTZ and both will be subject to inspection by a set of inspection jigs. The turbine and generator will again be transferred into the Customs territory together as an unassembled gen-set.

The applicable subheading for this product will be 8502.39.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for electric generating sets and rotary converters, other generating sets, other. The general 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 James Smyth at 212-637-7008.

Sincerely,

Robert B. Swierupski
Director,

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