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NY L80624




November 12, 2004

CLA-2-85:RR:NC:1:110 L80624

CATEGORY: CLASSIFICATION

TARIFF NO.: 8537.10.9070

Ms. Marilee Rice
Woodward Governor Company
1000 East Drake Road
P.O. Box 1519
Fort Collins, CO 80522-1519

RE: The tariff classification of a control unit from Germany.

Dear Ms. Rice:

In your letter dated October 27, 2004 you requested a tariff classification ruling.

The merchandise under consideration is the Woodward GCP-10 Series Genset Control Package. The GCP-10 Series products are designed to provide stand-by operation and AMF (automatic mains failure) emergency power in single unit applications. The GCP-10 is a control panel with a two line LCD (Liquid Crystal Display) and push-button controls in a housing measuring approximately 5.66” wide by 3.77” high and is 4.46” deep. The GCP-10 Series are offered in three models. They are offered in a complete generator set control package providing start/stop logic and protection for gensets as well as complete automated standby generator sets that include Automatic Mains Failure (AMF) recognition with circuit breaker control for an open transition function. Features include single unit operation, AMF auto start/stop, single unit engine and generator protection, true RMS sensing and counters for KWh, engine starts, operating hours, and maintenance call. The GCP-10 Series contain ROM (Read Only Memory) memory only.

In your letter you suggest classification under 8537.10.9060 as a Programmable Control. The Harmonized Commodity Description and Coding System Explanatory Notes ("ENs") constitute the official interpretation of the Harmonized System at the international level. While neither legally binding nor dispositive, the ENs provide a commentary on the scope of each heading of the HTS and are generally indicative of the proper interpretation of these headings. Noting the ENs to Section XVI, 85.37 describe the scope of that heading and provide examples of the types of merchandise that are covered. As per example (3), the goods of this heading also covers programmable controllers which are digital apparatus using a programmable memory for the storage of instructions for implementing specific functions. The GCP-10 Series Genset Control Package features ROM and therefore does not have a programmable memory.

The applicable subheading for the GCP-10 Series Genset Control Package will be 8537.10.9070, Harmonized Tariff Schedule of the United States (HTS), which provides for “Boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of heading 8535 or 8536, for electric control or the distribution of electricityFor a voltage not exceeding 1,000 V: Other: Other: Other.” The general rate of duty will be 2.7 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 Eileen S. Kaplan at 646-733-3016.

Sincerely,

Robert B. Swierupski
Director,

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