CLA-2-85:RR:NC:N1:113 F84620
Mr. Bernard J. Babb
Wasserman, Schneider, Babb & Reed
111 Broadway, 11th Floor
New York, NY 10006
RE: The tariff classification of generating sets from a Foreign Trade Zone
Dear Mr. Babb:
In your letter dated March 9, 2000, on behalf of Siemens Shared Services, LLC and Siemens Westinghouse Power Corporation, you requested a tariff classification ruling.
The merchandise is a generating set, driven by a steam turbine. A steam turbine will be produced in Germany, shipped to an FTZ in the United States and entered in nonprivileged status. An electric generator of American origin will be sent to the same FTZ. There, the turbine and generator will be assembled and tested. They will then be disassembled and transferred into the Customs territory of the United States together. Nonprivileged foreign merchandise, pursuant to section 146.65(a)(2), Customs Regulations (19 CFR 146.65(a)(2)), is subject to duty in its condition and quantity when transferred from the foreign trade zone to the customs territory of the United States.
The applicable subheading for the generating set will be 8502.39.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other generating sets, other. The rate of duty will be 2.5 percent ad valorem.
The question of the dutiable status of the American generator is being referred to the Office of Regulations and Rulings, U.S. Customs Service Headquarters, 1300 Pennsylvania Avenue, N.W., Washington D.C. 20229. A ruling will be issued to you from that office.
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 James Smyth at 212-637-7008.
Sincerely,
Robert B. Swierupski
Director
National Commodity
Specialist Division