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NY J84459




June 2, 2003

CLA-2-84:RR:NC:MM:106 J84459

CATEGORY: CLASSIFICATION

TARIFF NO.: 8411.99.9060

Mr. Ashley Craig
Thompson Coburn LLP
Suite 600
1909 K Street, N.W.
Washington. D.C. 20006

RE: The tariff classification of a forward baffle of gas turbines from Italy

Dear Mr. Craig:

In your letter dated April 30, 2003, on behalf of FiatAvio Inc., you requested a tariff classification ruling. You submitted descriptive literature with your request.

The parts and components for which you wish a ruling are as follows:

1. Spine Adapter, part number 9228M83P06
2. Forward Baffle, part number L47606P03

The forward baffle is a component of the axial thrust system used in the LM6000 turbine’s LPT area.

You provided no information whatsoever about the spine adapter.

The goods are imported from FiatAvio’s parent company in Italy and used by General Electric exclusively in the in the manufacture and operation of the LM6000 aeroderivative gas turbine. This engine is directly derived from GE’s CF6-80C2 family of commercial aircraft engines. It is in service in a large variety of vessels here and abroad as well as in industrial applications. In operation, the exhaust of the LM6000’s high pressure turbine passes through a low pressure turbine (the power turbine) which extracts the work required to drive the main reduction gear and ultimately a driven unit, such as a ship’s propellers for example. This latter operation is basically what distinguishes the LM6000 from its aircraft relative. In general terms, the aircraft turbine version expresses its output in thrust while the aeroderivative gas turbine outputs its work through a drive shaft. For tariff purposes, this makes the former version a variety of turbojet gas turbine while the adapted or derived variety is classified as an other gas turbine. For this reason, the forward baffle is considered to be a part of other gas turbines rather than a part of turbojets in subheading 8411.91.9040, Harmonized Tariff Schedule of the United States (HTS), as you suggest in your request. Your attention is directed to a general comparison of tubojets and other gas turbines which may be found in the Explanatory Notes for heading 8411, specifically paragraphs 8411(A) and 8411(C).

The applicable subheading for the forward baffle will be 8411.99.9060, HTS, which provides for other parts of non-aircraft gas turbines, other, other. The rate of duty will be 2.4 percent ad valorem.

We cannot issue a ruling on the spine adapter without information on its constituent materials, a complete description of its construction and a description of what it does and how it does it. When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. If you have any questions regarding the above, contact National Import Specialist (NIS) Patrick Wholey at 646-733-3013.

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 NIS Wholey at 646-733-3013.

Sincerely,

Robert B. Swierupski
Director,

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