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NY N016318

September 26, 2007



TARIFF NO.: 8421.39.8040

Mr. Brian Kavanaugh
Deringer Logistics Consulting Group
1 Lincoln Boulevard, Suite 225
Rouses Point, NY 12979

RE: The tariff classification of a Biogas Extraction Modulator system from Canada

Dear Mr. Kavanaugh:

In your letter dated August 21, 2007 you requested a tariff classification ruling on behalf of your client SmartSoil Energie.

The Biogas Extraction Modulator is a functional unit composed of an electrical house, a blower station and modulators. The electrical house controls the operation of the blower station and all safety systems. The blower station has two large capacity blowers that provide suction to draw out the landfill gas. Condensate separators remove the moisture in the landfill gas and gas analyzers measure the composition of the gas (methane and oxygen) content before the gas is sent to the power plant through stainless steel pipes.

The landfill gas is extracted from the landfill saturated with water. It enters the condensate separator in the modulator, which uses zigzag blade modules to collect the mist particles greater than 8 to 40 microns in diameter. The gas then passes through secondary separators located in the cylinder of the blower station. The blowers use suction to pull only the gas through an assembly of stainless steel mesh causing any water to drop and drain. The control system containing a gas analyzer determines the gas composition, and makes the proper blower system adjustments to ensure the desired gas content. The electrical house, blower station and modulators contribute to the clearly defined function of gas separators appropriate to machines of heading 8421.

The subject merchandise will be shipped from Canada on separate shipments to facilitate a split shipment transport. The new regulations now provide for the treatment of certain multiple shipments of merchandise as a single entry. The components shipped in the manner described in your letter must comply with 19 C.F.R. 141.58 to be approved for such treatment.

Because the requirements for this new regulation are complex, you are advised to consult 19 C.F.R. 141.58, which describes those requirements. Also see the Federal Register, Vol. 71, No. 106, Friday, June 2, 2006, pages 31921 - 31927. In the event that actual circumstances of shipment do not meet the new requirements, or should the importer choose to file a separate entry for each portion of the Biogas Extraction Modulator as it arrives, each item in the system should be classified separately.

The applicable subheading for the Biogas Extraction Modulator system will be 8421.39.8040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Filtering or purifying machinery and apparatus for gases: Other: Other. Other: Gas separation equipment. The rate of duty will be free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Denise Faingar at 646-733-3010.


Robert B. Swierupski

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