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NY J81167

March 12, 2003

CLA-2-85:RR:NC:N1:113 J81167


TARIFF NO.: 8501.32.6000

Mr. Terry Sozanski
P.O. Box 800961
Houston, TX 77280

RE: The tariff classification of the Elgen Magnetic Fuel Cell Generator from various countries

Dear Mr. Sozanski:

In your letter of no date, on behalf of Generator Company of Texas, d.b.a. Badger Forest Estates Corporation, you requested a tariff classification ruling.

The merchandise is unassembled parts for an electric generator. The parts include the essential parts of a generator, the rotor and stator. The rotor has permanent, rare earth magnets and a stainless steel shell. The stator is wound with copper coils. In a telephone conversation, you indicated that the parts would be imported together, in one shipment, with enough parts for each generator. The rotor and stator will be assembled in the U.S. with the control equipment. During the same conversation, you were advised on the other questions you raised concerning US content, FTZ and antidumping.

Although the item is called a fuel cell generator, neither the information you provided nor the Elgen website indicate that the machine uses any fuel cell technology. Fuel cells produce electricity by chemical means; this generator operates mechanically. The following description is derived primarily from the website.

The Elgen Magnetic Fuel Cell Generator is said to be a brushless generator composed of a rotor that is less than 4 feet in diameter with sixteen, ultra-strong, rare-earth magnets. The stator shell contains 15 pairs of generator coils made from copper tubing, wound around an amorphous TBT material core.

The rotor is turned by a mechanical device like an internal combustion engine, or steam or water turbines. As the rotor magnets revolve past the coils, the magnetic field induces a pulsating electrical current that can be used for any purpose. You mention that your generators may be specifically designed to operate a vehicle. Generators are, for the most part, provided for in Chapter 85, HTS, and are not classifiable as parts of motor vehicles in heading 8703, HTS. This generator is apparently specifically designed to operate an electric motor vehicle. You suggested that the generator be classified in heading 8501.32.4500, HTS, but that heading is specifically for motors.

The generator in this case produces 10 kVA DC power.

The applicable subheading for the generator will be 8501.32.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for DC generators. The rate of duty will be 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 James Smyth at 646-733-3018.


Robert B. Swierupski

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