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NY M85042




August 10, 2006

CLA-2-85:RR:NC:N1:112 M85042

CATEGORY: CLASSIFICATION

TARIFF NO.: 8543.30.0000; 8421.39.8040; 8537.10.9060

Peter S. Herrick, P.A.
Attorneys At Law
3520 Crystal View Court
Miami, FL 33133-4025

RE: The tariff classification of a hydrogen generator, hydrogen purifier and control panels from China

Dear Mr. Herrick,

In your letter dated July 25, 2006, you requested a tariff classification and valuation ruling on behalf of Kupey Auto Distributors, Inc. of San Juan, PR.

The first item is a Hydrogen Generator consisting of an electrolyser, frame, two tanks, a transformer, a rectifier and two pumps. The purpose of the Generator is to separate hydrogen from water through an electrolytic process.

The applicable classification subheading for the Hydrogen Generator will be 8543.30.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical machines and apparatus, having individual functions, not specified or included elsewhere ... : Machines and apparatus for electrolysis”. The rate of duty will be 2.6%.

The second item is a Hydrogen Purifier. The Purifier separates oxygen from hydrogen through a catalytic process.

The applicable classification subheading for the Hydrogen Purifier will be 8421.39.8040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “ purifying machinery and apparatus for gases : purifying machinery and apparatus for gases : Other: Other: Other: Gas separation equipment”. The rate of duty will be Free.

The third item is an Electrical and Control Unit. It is a freestanding control and switchgear cabinet consisting of a Programmable Ladder-logic Controller (PLC) panel, power distribution panel and instrumentation panel. The Electrical and Control Unit is a complete programmable process control apparatus used for supplying power to and controlling all components and equipment of a 120 Nm3/H system for a hydrogen plant.

The applicable classification subheading for the Electrical and Control Unit will be 8537.10.9060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Boards, Panels, consolesand 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: Programmable controllers.” The rate of duty will be 2.7%.

In your request, you also asked for tariff classification of twenty-four parts for the machinery and apparatus of the Hydrogen Plant and a valuation determination of the cost of the Plant, itself:

A tariff classification determination of the twenty-four parts cannot be made in this Ruling for the following reasons –

1. Individual Ruling Requests are limited by regulation to five items

2. The parts, if imported separately, are classifiable according to the specific headings of the HTSUS, if existing. Only if specific headings do not exist, would they be classifiable as “parts” or “accessories” of the machinery or apparatus that they are eventually a component of.

Value Determinations are made by the Office of Regulations & Rulings. Any requests of this nature should be made to The Office of Regulations & Rulings, Value Branch, Bureau of Customs and Border Protection, Ronald Reagan Building, 1300 Pennsylvania Ave. NW, Attn: Mint Annex, Washington D.C. 20229-0001.

You did not provide enough information in your request to allow us to classify the Analyzers and Hydrogen Buffer Tank. If you still want a tariff classification determination of these items, please provide the following information with your resubmission along with all the information provided in this request –

Analyzers (Moisture Analyzer, Trace Analyzer, Hydrogen Analyzer, Oxygen Analyzer):

1. What, specifically, does each Analyzer do and, step-by-step, how does it do it ?

2. What component parts does each Analyzer have ?

3. Are any optics or optical radiation involved in the Analyzers or their operation ?

4. Provide any available pictures, schematics, blueprints or literature of or about the Analyzers.

Hydrogen Buffer Tank:

1. What function does the Tank fulfill and, step-by-step, how does it do it ?

2. What components comprise the Tank and what materials is it made of (iron, steel, aluminum, etc.) ?

3. Provide any available pictures, schematics, blueprints or literature of or about the Tank.

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 Hydrogen Purifier, contact Denise Faingar at 646-733-3010. If you have any questions regarding the Electrical and Control Unit, contact Thomas Campanelli at 646-733-3016. If you have any questions regarding any other aspect of this Ruling, contact National Import Specialist Richard Laman at 646-733-3017.

Sincerely,

Robert B. Swierupski
Director,

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