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NY A84624

June 25, 1996

CLA-2-90:RR:NC:GI:105 A84624


TARIFF NO.: 9031.80.0080

John Sveum
Tower Group International, Inc.
P. O. Box 269
Sweetgrass, MT 59484

RE: The tariff classification of a Crew Alert Vigilance System from Canada

Dear Mr. Sveum:

In your letter dated June 7, 1996, you requested a tariff classification ruling on behalf of your client, Q-Tron Ltd., Calgary, Alberta.

The Crew Alert Vigilance System is an electronic device that monitors the activity of train controls while the locomotive is being operated. If there is no activity in the controls, it gives visual and audio alarms or activates the brakes if the crew does not respond to the alarms.

The applicable subheading for the Crew Alert Vigilance System will be 9031.80.0080 Harmonized Tariff Schedule of the United States (HTS), which provides for measuring or checking instruments, appliances and machines, not specified or included elsewhere in this chapter, other instruments, appliance and machines. The general rate of duty will be 3.6 percent ad valorem.

Articles classifiable under subheading 9031.80.0080 HTS, which are products of Canada, are entitled to a 0.9 percent ad valorem rate of duty under the North American Free Trade Agreement (NAFTA) upon compliance with all applicable regulations.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 177). It is binding only on the party to whom it is issued and may be relied on only by that party. A copy of this 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 Eric Francke at (212) 466-5669.


Roger J. Silvestri

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