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NY N008465




April 13, 2007

CLA-2-86:RR:E:NC:N1:106

CATEGORY: CLASSIFICATION

TARIFF NO.: 8602.10.0000; 8603.90.0000; 8605.00.0000

Ms. Marcia Cooke
Panalpina, Inc.
19409 Kenswick Drive
Humble, TX 77338

RE: The tariff classification of a disassembled self-propelled passenger train and separately shipped components of same from Switzerland

Dear Ms. Cooke:

In your letter dated March 19, 2007 you requested a tariff classification ruling. You submitted descriptive literature with your request.

You inquired about the tariff classification of the first of six light-rail passenger vehicles to be imported for the Capital Metropolitan Transportation of Austin, Texas which will arrive in a “dismanteled” [sic] condition. When assembled, each vehicle will consist of 2 passenger cars, with the driver’s compartments facing in opposite directions, to be driven by a wheeled, dual diesel-electric power module positioned between the two cars, the whole vehicle sitting atop 2 “bogies”. This passenger rail vehicle will accommodate 200 passengers, with seating for 108. You asked for the classification of this rail vehicle in its disassembled state, all components shipped together, and in condition with all components shipped separately.

In its disassembled condition, this light-rail passenger vehicle has the essential character of a complete self-propelled railway coach. In its disassembled condition where all components are shipped separately each component will have its character imparted by the separately presented good.

The applicable subheading for the disassembled self-propelled railway coach will be 8603.90.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for self-propelled railway coaches: Other. The rate of duty will be 5 percent ad valorem.

The applicable subheading for the separately shipped not self-propelled passenger coaches will be 8605.00.0000, HTSUS, which provides for railway passenger coaches, not self-propelled. The rate of duty will be 14 percent ad valorem.

The applicable subheading for the separately shipped power module will be 8602.10.0000, HTSUS, which provides for diesel-electric locomotives. The rate of duty will be free.

You did not provide enough information for us to classify the separately shipped bogies. We will be able to issue a ruling on the bogies when you provide a complete and detailed description of these goods and return that information to us at U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. If your request was submitted electronically and the information required does not involve sending a sample, you can re-submit your request and the additional information electronically.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Patrick Wholey at 646-733-3013.

Sincerely,

Robert B. Swierupski
Director,

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