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NY L84552




May 27, 2005

CLA-2-85:RR:NC:1:110 L84552

CATEGORY: CLASSIFICATION

TARIFF NO.: 8538.90.8060

Mr. Harold Averill
Corrigan Dispatch Company
P.O. Box 3610
1350 Cheers Boulevard
Brownsville, TX 78523-3610

RE: The tariff classification of Modular Distribution Systems from Mexico.

Dear Mr. Averill:

In your letter dated April 22, 2005, on behalf of your client Airpax Corporation you requested a tariff classification ruling.

The merchandise under consideration is the Airpax Modular Distribution System (MDS). The MDS is an electrical bus system designed for mounting Airpax IEL, IML, LEL and LML type magnetic circuit breakers with 5/16” diameter bullet style terminals or equivalent circuit protection devices into distribution panels. The MDS replaces the internal bus gear used in approved cabinets or other type of suitable enclosures of electrical power distribution systems to simplify the installation of the bullet style circuit breakers. Features include modular load terminals with top or rear access and alarm conductors for signal wiring. This system may be used in any industrial application requiring flexible and expandable power busing that requires quick installation and removal of magnetic circuit breakers.

The Airpax MDS is available in 22 different standard units that range in 2 through 24 positions in two position increments with versions of top or rear access terminals for connections to load circuitry. The maximum load bus rating per position is 100A (Amperes) at 125V (Volts) DC (Direct Current). The maximum line bus rating of the four position MDS is 300A at 125V DC. The maximum line bus rating of the eight position MDS is 600A at 125V DC.

The applicable subheading for the Airpax Modular Distribution System (MDS) will be 8538.90.8060, Harmonized Tariff Schedule of the United States (HTS), which provides for “Parts suitable for use solely or principally with the apparatus of heading 8535, 8536 or 8537: Other: Other: Other: Other: Other parts of switchgear, switchboards, panel boards and distribution boards.” The general rate of duty will be 3.5 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 Eileen S. Kaplan at 646-733-3016.

Sincerely,

Robert B. Swierupski
Director,

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