CLA-2-84:RR:NC:1:102 I82920

Mr. Craig M. Schau
Emery Customs Brokers
6940 Engle Road (Suite A)
Middleburg Heights, Ohio 44130

RE: The tariff classification of pneumatic actuators from Germany.

Dear Mr. Schau:

In your letter dated May 7, 2002 you requested a tariff classification ruling on behalf of your client Festo.

The item in question is described as a rack and pinion rotary actuator, type DRQD, product number DRQD 175804. The actuator is a pneumatic motor featuring two opposing pistons that in combination with a gear shaft assembly produce limited rotation of an output shaft. The motor can be adjusted to control the amount of rotation . Descriptive literature and a sample were submitted.

The applicable subheading for the rotary actuator will be 8412.39.0080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other pneumatic power engines and motor. The rate of duty is free. 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,
National Commodity
Specialist Division