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NY D81204

September 8, 1998

CLA-2-86:RR:NC:MM:106 D81204


TARIFF NO.: 8603.90.0000

Ms. Miriam Quinones D.E.
Jumbo Transport International, Inc.
Port Elizabeth Plaza
1201 Corbin Street
Elizabeth, N.J. 07201

RE: The tariff classification of self-propelled passenger trains.

Dear Ms. Quinones D.E.:

In your letter dated August 6, 1998, on behalf of Adtranz ABB Daimer-Benz Transportation, you requested a tariff classification ruling. You submitted technical data and drawings with your request.

The article in question is a self-propelled passenger train. This rail vehicle consists of three sections, the front and rear sections which are designed for passenger travel, and the middle section which is a diesel locomotive propulsion unit. The passenger cars are designed to seat 100 passengers and accommodate 100 standees. Each passenger car consists of modern interiors, glass partition walls, single seats facing front and back and arranged in rows, folding seats in selected locations and two wheelchair locations. Heating and ventilation is supplied by means of diesel engine waste heat recovery, ventilation, and air cooling. You indicate that 21 diesel powered passenger trains will be supplied to Southern New Jersey Light Rail Transit.

The applicable subheading for the self-propelled passenger trains will be 8603.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for self-propelled railway or tramway coaches ... other. The rate of duty will be 5.3 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 Patrick J. Wholey at 212-466-5668.


Robert B. Swierupski

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