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NY N022819




February 29, 2008

CLA-2-84:OT:RR:NC:N1:102

CATEGORY: CLASSIFICATION

TARIFF NO.: 8487.90.0080

Ms. Joan Studeny
GHY USA Inc.
572 South Fifth Street
Pembina, ND 58271

RE: The tariff classification of exhaust silencers of unspecified origin

Dear Ms. Studeny:

In your letter received by our office on February 4, 2008 you requested a tariff classification ruling on behalf of your client Phillips & Temro Industries. Descriptive literature and illustrations were submitted.

The items you plan to import are described as exhaust silencers. These silencers feature a spiral chamber that allows a free flow of gas through a uniform cross section partially lined with stainless steel wool and mesh. The noise is diffused and progressively weakened as the gases pass through the chamber.

The applicable subheading for the exhaust silencers will be 8487.90.0080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other machinery parts, not containing electrical connectors, insulators, coils, contacts or other electrical features, and not specified or included elsewhere in Chapter 84. The rate of duty will be 3.9 percent ad valorem.

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 Kenneth T. Brock at 646-733-3009.

Sincerely,

Robert B. Swierupski
Director,

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