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NY 896362

June 22, 1994

CLA-2-84:S:N:N3:102 896362


TARIFF NO.: 8410.11.0000; 8481.80.3025; 8481.80.9030; 8413.60.0040; 9032.89.6030

Ms. Kathleen T. Maloney
Schenker International, Inc.
380 Littlefield Avenue
South San Francisco, CA 94080

RE: The tariff classification of hydraulic turbine; ball valves; and turbine controllers from Norway

Dear Ms. Maloney:

In your letter dated March 24, 1994, on behalf of your client, Kvaerner Hydro Power Inc., you requested a tariff classification ruling.

The literature submitted with your inquiry details four types of inter-related merchandise: impulse type hydraulic turbines; hydraulic turbine controllers; cast iron ball valves; and microprocessor-based turbine controllers. All of this merchandise appears to be dedicated to use for small scale hydro-electric operations.

The Kvaerner Standard Impulse Turbine is a Pelton type water turbine designed for connection to an electric generator. The series is rated for power output between 100 - 10,000 kW. The Erhard ball valves are manufactured from cast iron and imported in either manual or automatic actuator-operated configurations. The hydraulic turbine controllers are self-contained hydraulic power packages. They consist of an electric motor, a hydraulic pump, a hydraulic accumulator, solenoid-operated and manually operated hydraulic control valves, and an instrument package for monitoring system levels. These units provide the hydraulic force needed to operate valves and other mechanical elements of the hydro turbine system.

The Kvaerner TC 200 Hydro Turbine controller is a microprocessor-based turbine controller that monitors and regulates all of the operations of the turbine. It is a digital controller based on an industrial version of an IBM-compatible PC. The system senses various factors, such as load, frequency, speed, power output, etc. and issues commands to assorted components (i.e. valves) in order to regulate those factors.

The applicable subheading for the hydraulic turbine will be 8410.11.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for hydraulic turbines and water wheels, of a power not exceeding 1,000 kW. Should a turbine rated over 1,000 kW but under 10,0000 kW be imported, the applicable HTS number would be 8410.12.0000. The rate of duty for either provision will be 7.5 percent ad valorem. The Erhard ball valves, if imported with a manual actuator, will be classified under HTS item 8481.80.3025, a provision which covers cast iron ball valves, hand operated. The duty rate would be 8 percent ad valorem. If the valves are imported with powered actuators (hydraulic, pneumatic or electric) they would be classified under 8481.80.90, which provides for valves, other than hand operated, check, relief or pressure regulating. The rate of duty would be 3.7 percent ad valorem.

The applicable subheading for the hydraulic turbine power center will be 8413.60.0040. HTS, which provides for other rotary positive displacement hydraulic fluid power pumps. The rate of duty is 3 percent ad valorem. The TC 200 Hydro Turbine controller is classifiable under HTS subheading 9032.89.6030 as automatically regulating or controlling instruments and apparatus. The provision is subject to a duty rate of 4.9 percent 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.


Jean F. Maguire
Area Director

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