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NY C87747





May 28, 1998

CLA-2-85:RR:NC:1: 112 C87747

CATEGORY: CLASSIFICATION

TARIFF NO.: 8543.30.0000

Ms. Bette Dullinger
Fritz Companies, Inc.
P.O. Box 220189
Anchorage, AK 99522-1034

RE: The tariff classification of a solar hydrogen power system from Germany

Dear Ms. Dullinger:

In your letter dated May 6, 1998, on behalf of Solar Hydrogen Systems, Inc., you requested a tariff classification ruling.

As indicated by the submitted descriptive literature, the solar hydrogen power system consists of various components which serve to demonstrate how electricity generated from renewable energy sources can be converted into storable hydrogen by water electrolysis. The system consists of a set of photovoltaic cells and a PEM electrolyzer which splits water into hydrogen and oxygen. These gases are collected in a storage tank and represent stored energy which can be passed into a fuel cell when needed. In essence, the essential character of this system is imparted by the process performed by the electrolyzer.

The applicable subheading for the solar hydrogen power system will be 8543.30.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for machines and apparatus for electroplating, electrolysis or electrophoresis. The rate of duty will be 2.9 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 David Curran at 212-466-5680.

Sincerely,

Robert B. Swierupski
Director,

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