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NY L80321

October 25, 2004

CLA-2-84:RR:NC:1:104 L80321


TARIFF NO.: 8479.89.9897

Ms. Sophia Spoltore
Milgram Freight Services Ltd.
407 McGill Street, Suite 500
Montreal, Quebec, Canada H2Y 2G7

RE: The tariff classification of an auto-lift wall system from Canada

Dear Ms. Spoltore:

In your letter dated September 30, 2004 on behalf of Railtech Ltee of Quebec, Canada you requested a tariff classification ruling.

Literature and a drawing/bill of material has been provided for the Skyfold Auto-Lift Wall System which is used to subdivide interior building space in auditoriums, corporate offices, hotel meeting rooms, etc. The literature directs us to the Skyfold website for additional information.

The Skyfold is a fully automatic modular system powered by a heavy duty sealed industrial motor with electromagnetic brake and requiring only the addition of an electrical switch for operation. A standard Skyfold wall or partition is 10 ¼” thick with two independent planes of steel panels separated by 5 ¾” air space with 1 ½” of insulation on the back of each panel. The partitions, which fold vertically into the ceiling, incorporate pantograph assemblies and feature end seals, bottom seals and an a sensor to detect obstructions. The individual steel panels have a maximum length of 12 feet and may be covered with fabric, stainless steel, melamine, wood veneer, vinyl, etc. up to a thickness of 1/8”.

The applicable subheading for the Skyfold Auto-Lift Wall Systems will be 8479.89.9897, Harmonized Tariff Schedule of the United States (HTS), which provides for machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter: other machines and mechanical appliances: other: other: other. The duty rate will be 2.5 percent.

Your request for a ruling on the classification of traction motor gear cases for locomotives is being returned to for additional information. Although you submitted a brochure for this merchandise, that information was incomplete for purposes of issuing a ruling. Please describe, in detail, exactly what the function of “traction motor gear cases” is - in short, what do they do and how do they do it? How do traction motor gear cases operate within the framework of locomotives? Describe the part of which these cases may be a part. You may also wish to include photographs, drawings, literature or other information in support of your request.

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 to U.S. Customs, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. If you have any questions regarding the gear case, contact National Import Specialist Patrick Wholey at 646-733-3013.

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 on the wall system, contact National Import Specialist Robert Losche at 646-733-3011.


Robert B. Swierupski

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