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March 23, 1999

CLA-2-84:RR:NC:MM:106 D88981


TARIFF NO.: 8419.89.9040

Mr. Joseph W. Pooler
Philadelphia Gear Corporation
181 South Gulph Road
Kink of Prussia, Pennsylvania 19406-3171

RE: The tariff classification of a quench press from Germany.

Dear Mr. Pooler:

In your letter dated March 4, 1999 you requested a tariff classification ruling. You submitted descriptive literature and photographs with your request.

The article in question is a quench press designated the Klingelnberg Quench Press AH1200. The press is designed for quenching (cooling) hot gears of power transmission products. Hot gears are taken from the furnace and placed on the quench press work table. A hydraulic piston lowers a clamping fixture down onto the gear and light hydraulic pressure is then applied to restrain the hot gear. Quenching oil is pumped onto the gear thereby reducing the distortion that would have otherwise occurred during the quench.

Regarding your inquiry as to whether or not there are any quota or visa restrictions or anti-dumping or countervailing duties, none exist to our knowledge. There are no other government agencies currently regulating this product.

The applicable subheading for the quench press will be 8419.89.9040, Harmonized Tariff Schedule of the United States (HTS), which provides for other machinery, plant or laboratory equipment, whether or not electrically heated, for the treatment of materials by a process involving a change of temperature such as heating, other: other: other... designed for cooling: other. The rate of duty will be 4.2 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 212-637-7036.


Robert B. Swierupski

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