CLA-2-85:S:N:N1:113 874960

Mr. Ryden Richardson, Jr.
Carmichael International Service
533 Glendale Boulevard
Los Angeles, CA 90026-5097

RE: The tariff classification of generating sets and turbines from Japan

Dear Mr. Richardson:

In your letter dated May 26, 1992, on behalf of Fuji Electric, you requested a tariff classification ruling. The merchandise is a steam turbine generator system. The system itself consists of a steam turbine, an electric generator, and a control system. The single casing steam turbine is directly coupled to the generator, which forms a single shaft. The turbine is driven by steam and the rotating mechanical energy causes the generator to produce electricity by electromagnetic induction. For tariff purposes, the expression "generating sets" applies to the combination of an electric generator and any prime mover other than an electric motor. Your letter requests the classification of this item under two different scenarios.

The applicable subheading for the turbine, generator and control system imported together will be 8502.30.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other generating sets. The rate of duty will be 3% ad valorem.

The applicable subheading for the turbine imported separately will be 8411.82.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for turbojets, turbopropellers and other gas turbines, other, of a power exceeding 5,000kW. The rate of duty will be 5% ad valorem.

The TGR-500 Turbine Generator Digital Control System is a microprocessor based unit designed to monitor and control both the turbine rotational speed and the voltage output. The system incorporates a number of digital and analog sensor inputs (steam pressure, voltage level, rotary speed, etc). These signals are then compared to pre-programmed levels and control signals are issued to various devices, such as valves, pumps, relays, etc. The applicable subheading for the Digital Control System imported separately will be 9032.89.6030, Harmonized Tariff Schedule of the United States (HTS), which provides for automatic regulating or controlling instruments and apparatus: complete process control systems. The rate of duty will be 4.9% ad valorem.

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