CLA-2-84:OT:RR:NC:N1:106

Gert Gabriel, Logistics Manager
Uhde Corporation of America
1370 Washington Pike
Bridgeville, PA 15017

RE: The tariff classification of Coke Oven Machines and quenching locomotive

Dear Mr. Gabriel:

In your letter dated July 01, 2011, you requested a tariff classification ruling.

The items under consideration have been identified as a Coke Oven Machines and a quenching locomotive. The coke oven machine is a handling machine that simply feeds the oven by handling the coal supply and receipt of the coke. The self-propelled electrical locomotive of 58 tons, which is powered supply by external source of electricity, runs the quench car.

The coke oven machines comprise of two sets each of charging car, pusher machine and coke oven transfer machine and one locomotive for operating a quench car. You state that these machines are intended to operate charging and discharging of the coke oven battery.

The applicable subheading for the Coke Oven Machine will be 8428.90.0190, HTSUS, which provides for “Other lifting, handling…machinery: other machinery, other”. The rate of duty will be Free.

The applicable subheading for the quenching locomotive will be 8601.10.0000, HTSUS, which provides for “Rail locomotive…: Powered from an external source of electricity.” The duty rate will be Free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Matthew Sullivan at (646) 733-3013.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division