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NY H86578




January 10, 2002

CLA-2-85:RR:NC:N1:113 H86578

CATEGORY: CLASSIFICATION

TARIFF NO.: 8502.39.0000

Mr. James S. O'Kelly
Barnes, Richardson & Colburn
475 Park Avenue South
New York, NY 10016

RE: The tariff classification of generating sets from a Foreign Trade Zone.

Dear Mr. O'Kelly:

In your letter dated December 13, 2001, you requested a ruling on behalf of Alstom Power on tariff classification.

The merchandise is certain turbine-generator combinations with outputs varying between 100-1800 megawatts. The turbines will be manufactured in plants located in France, Sweden, Poland, Germany or Switzerland and shipped disassembled. The generators will be manufactured in the same countries and will be shipped fully assembled. Each generator and turbine will be separately entered into a foreign trade zone as non-privileged foreign merchandise. The merchandise will be aggregated and withdrawn for consumption at the same time with final assembly performed on-site.

The applicable subheading for this product upon withdrawal from the FTZ will be 8502.39.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for 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 646-733-3018.

Sincerely,

Robert B. Swierupski
Director,

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