CLA-2-84:S:N:N1:109 841180

Mr. David S. Simpson, Jr.
William F. Joffroy Customs Brokers Inc.
Nogales Foreign Trade Zone
Nogales, Arizona 85628-0698

RE: The tariff classification of Powerheads from Mexico.

Dear Mr. Simpson:

In your letter dated May 15, 1989, on behalf of McCulloch Corporation of Tucson, Arizona, you requested a tariff classification ruling.

Literature supplied describes the Powerheads as 2 cycle air cooled .85 horsepower gasoline engines. After importation they will be shipped to Original Equipment Manufacturers where they will become part of various power gardening tools such as trimmers, edgers, blowers, weeders, snow throwers or tree pruners.

The applicable subheading for the Powerheads will be 8407.90.9020, Harmonized Tariff Schedule of the United States (HTS), which provides for "Spark ignition reciprocating internal combustion piston engines of less than 746 W ( 1 horsepower )". The rate of duty will be free.

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