The tariff classification of locomotive controllers from Canada.

NY K88452 August 20, 2004 CLA-2-85:RR:NC:1:110 K88452 CATEGORY: Classification TARIFF NO.: 8537.10.9070 Ms. Joanne Burke Willson International Inc. One Heritage Place Southgate, MI 48195 RE: The tariff classification of locomotive controllers from Canada. Dear Ms. Burke: In your letter dated July 27, 2004, on behalf of your client ZTR Control Systems you requested a tariff classification ruling. The merchandise under consideration is the BOA™ Bolt-On Adhesion Control System. The BOA™ Bolt-On Adhesion Control Systems control and regulate the electrical power of a locomotive by means of regulating excitation current of the main generator. The main generator, in turn, powers traction motors, which produce the pulling effort. This system provides improved traction of locomotive wheels by controlling wheel slippage. The Bolt-On Adhesion system monitors electrical parameters of traction motors, such as armature voltage and current, to determine if these motors operate within their safe conditions. This system provides real-time diagnostic information, accessible via laptop computer with proprietary software. The Bolt-On Adhesion system is a complete electrical control system designed to improve or upgrade an older locomotive system. It provides significant improvements in operating performance and does not require any operator interface to prevent wheel overspeed by comparing and adjusting the parameters of the traction motors. The Bolt-On Adhesion system is also designed to meet the needs of a wide customer segment. This system replaces most existing modules in a locomotive control system with an advanced system that dramatically improves the pulling power, operating performance and reliability of older locomotives. The BOA™ Bolt-On Adhesion System is similar to the BOA Excitation/Wheel Slip System incorporated into the NEXSYS systems ruled on in NY K87614, dated July 20, 2004. The applicable subheading for the BOA™ Bolt-On Adhesion Control System will be 8537.10.9070, Harmonized Tariff Schedule of the United States (HTS), which provides for “Boards, panels, consoles, desks, cabinets and other bases…for electric control or the distribution of electricity... For a voltage not exceeding 1,000 V: Other: Other.” The general rate of duty will be 2.7 percent ad valorem. 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 Eileen S. Kaplan at 646-733-3016. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division