CLA-2-86:S:N:N1:106 807737
Mr. Dwight A. Smith
Locomotive Fifteen Corporation
P.O. Box 218
Kearsarge, NH 03847
RE: The tariff classification and status under the North
American Free Trade Agreement (NAFTA) of used diesel-
electric railroad locomotives from Canada; Article 509
Dear Mr. Smith:
In your letter dated March 1, 1995 you requested a ruling on
the status of two used diesel-electric railroad locomotives from
Canada under the NAFTA.
The two locomotives are identical and were built in London,
Ontario, Canada by General Motors Division in 1954 and 1957,
respectively. They are the model GMD FP-9-A locomotive and bear
the serial numbers A635 and A1046. You informed a member of my
staff that these locomotives were made from materials originating
exclusively either in the United States or Canada.
The applicable tariff provision for the used diesel-electric
locomotives will be 8602.10.0000, Harmonized Tariff Schedule of
the United States Annotated (HTSUSA), which provides for diesel-
electric locomotives. The general rate of duty will be 3.1
percent ad valorem.
The locomotives, being made entirely in the territory of
Canada using materials which themselves were originating, will
satisfy the requirements of HTSUSA General Note 12(b)(iii). The
merchandise will therefore be entitled to a free rate of duty
under the NAFTA upon compliance with all applicable laws,
regulations, and agreements.
This ruling is being issued under the provisions of Part 181
of the Customs Regulations (19 C.F.R. 181). 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.
This ruling letter is binding only as to the party to whom
it is issued and may be relied on only by that party.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport