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NY I88204




November 26, 2002

CLA-2-84:RR:NC:1:102 I88204

CATEGORY: CLASSIFICATION

TARIFF NO.: 8412.90.9080, 8481.20.0040

Ms. Jacki Skoreyko
Compliance Solutions Inc.
#19 577 Butterworth Way
Edmonton, Alberta
Canada T6R 2Y2

RE: The tariff classification of an hydraulic ESD from Canada

Dear Ms. Skoreyko:

In your letter dated October 18, 2002 you requested a tariff classification ruling on behalf of your client Argus Machine Company.

The article in question is described as a self-contained hydraulic “ESD”, or Emergency Shutdown Device. Descriptive literature was submitted.

The information presented reveals that the ESD is a self-contained hydraulic system designed to be used in conjunction with an hydraulic valve actuator. The ESD incorporates an hydraulic pump, a “pressure pilot”, a fluid reservoir, and other system controls, including “time-out”, relief, and manual override valves. The “pressure pilot” is essentially a valve that senses when pressure in an oil or gas pipeline is outside of predetermined limits and opens to allow hydraulic fluid to flow through the ESD pump and “signal” the valve actuator to close. You indicate that the ESD may be imported with or without the pressure pilot.

The applicable subheading for the ESD, whether presented with or without the pressure pilot, will be 8412.90.9080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other parts of hydraulic transmission systems. The rate of duty is free.

The applicable subheading for the pressure pilot, if presented separately, will be 8481.20.0040, HTSUS, which provides for flow control type valves for hydraulic transmission systems. The general rate of duty will be 2 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 Kenneth T. Brock at 646-733-3009.

Sincerely,

Robert B. Swierupski
Director,

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