CLA-2-86:S:N:N1:106 806525
Mr. D. J. Kondopulos
National Selections Capital Corp.
West Vancouver P.O.
P.O. Box 33019
West Vancouver, B.C.
Canada V7W 2V7
RE: The tariff classification of a railroad wagon retarder from
South Africa
Dear Kondopulos:
In your letter dated January 24, 1995 you requested a tariff
classification ruling. You included descriptive literature
with your request
The so-called railroad wagon retarder is a self-contained
hydraulic device requiring no external power source which is used
in a marshalling yard to control the speed of freight cars as
they are positioned in the yard. The unit can be preset to
retard freight cars at desired speed settings ranging from 0 to
5.0 m/sec. The units are bolted to the rail web at pre-
determined heights and extract kinetic energy from passing cars
through resistance of the unit's hydraulically-operated piston if
the car is travelling above the pre-determined speed. Cars
travelling below the target speed will meet no resistance from
the retarder. After a car passes, the retarder returns to its
original setting for the next pass.
The applicable subheading for the railroad wagon retarders
will be 8608.00.0000, Harmonized Tariff Schedule of the United
States (HTS), which provides for signalling, safety or traffic
control equipment for railways. The rate of duty will be 5.3
percent ad valorem.
Articles classifiable under subheading 8608.00.0000, HTS,
which are products of South Africa are entitled to duty free
treatment under the Generalized System of Preferences (GSP) upon
compliance with all applicable regulations. Eligible articles
shall be imported directly from a beneficiary developing country
(BDC) to qualify for treatment under the GSP. Your attention is
directed to Section 10.175 of the Customs Regulations, a copy of
which is attached for your convenience.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport
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