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NY K88034




August 24, 2004
CLA-2-84:RR:NC:1:102 K88034

CATEGORY: CLASSIFICATION

TARIFF NO.: 8485.10.0080

Mr. Lloyd W. Born
Varipitch Marine LLC
923 E. Lake Samish Dr
Bellingham, WA 98229-7015

RE: The tariff classification of a marine propeller assembly from various countries; Reconsideration of NY K85479

Dear Mr. Born:

In your letter dated July 22, 2004 you requested a tariff classification ruling. Descriptive information and technical drawings were submitted.

The article in question is described as a hub assembly for a variable pitched marine propeller for boats fitted with 100 to 300 horsepower engines. Based on the information you have made available, the assembly is comprised of several parts, among which are the propeller blades. You indicate that the hub assembly is similar to fixed pitch propeller blades, except for the gearing that allows the pitch of the blades to be varied.

The applicable subheading for the hub assembly will be 8485.10.0080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other ships’ or boats’ propellers and blades therefor. The rate of duty is free.

You also ask that we reconsider an earlier ruling issued to you, NY K85479, in which we found the parts of the hub assembly, except for the propeller blades, to be classified in tariff provisions other than subheading 8485.10.0080, HTSUS. However, the facts presented in the earlier ruling request are materially different from the facts presented here and we find nothing to compel reconsideration.

The finding in NY K85479 follows from consideration of the hub assembly when presented as individual parts, rather than as an assembly. While subheading 8485.10.0080 provides for propeller blades and complete propellers, and thus provides for the hub assembly, it does not provide for the other parts of the hub assembly when presented separately. We find that the classifications rendered in NY K85479 are consistent with the factual scenario that was presented. If you have additional information to present, you may wish to consider resubmission of your request for reconsideration. If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to the Bureau of Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, 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 646-733-3009.

Sincerely,

Robert B. Swierupski
Director,

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