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NY G85501

December 27, 2000

LA-2-84:RR:NC:1:102 G85501


TARIFF NO.: 8481.20.0080

Ms. Kimberly M. Novak
Emery Customs Brokers
6940A Engle Road
Middleburg Heights, Ohio 44130

RE: The tariff classification of computer controlled brake systems from Canada.

Dear Ms. Novak:

In your letter dated November 16, 2000 you requested a tariff classification ruling on behalf of your client New York Air Brake.

The articles in question are identified as the CCBI type I and CCBII type II computer controlled brake systems. Descriptive literature was submitted.

The CCBI and CCBII are systems designed to permit the flexible control of locomotive and train braking under various conditions involving load, terrain and weather. The systems do not include the actual brake systems, only the brake controller, and rely on pneumatics, hydraulics, valves, solenoids and microprocessors.

The CCBI, identified as part number 773849, is comprised of three modular components, which include a relay unit (CRU), a pneumatic control unit (PCU), and a voltage conditioning unit (VCU). The CRU contains the electrical circuits and relays of the brake system. The PCU is an electro-pnuematic assembly that controls the flow of reservoir-supplied, pressurized air to the braking equipment installed on a train. The VCU is a power supply for the system. Because the CCBI is modular, the individual components may be imported , or presented, separately or together as a whole system.

Unlike the CCBI, the CCBII, identified as part number 776371, is not a modular system. It is comprised of a single component referred to as an electro-pneumatic control unit (EPCU). However, you indicate that the EPCU functions in the same manner as the modular units of the CCBI, controlling the flow of pressurized air to a train’s braking equipment.

We find that the PCU and EPCU are functionally valves for controlling the flow of air within the pneumatic transmission system used to power a train’s braking system. When the CRU and VCU are presented together with the PCU, they form a composite article the essential character of a valve imparted by the PCU.

The applicable subheading for the EPCU and PCU, whether the latter is presented separately or together with the CRU and VCU, will be 8481.20.0080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other valves for pneumatic transmissions. The rate of duty will be 2 percent ad valorem.

We are unable to provide a ruling with respect to the VCU and CRU when presented separately. Additional information that specifically describes these units in detail is required. The information should identify the primary function(s) of the units and explain how they work. When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request U.S. Customs, Customs Information Exchange, Room 437, 6 World Trade Center, New York, NY 10048; ATTN: Binding Rulings Section.

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 Kenneth T. Brock at 212-637-7026.


Robert B. Swierupski

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