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NY N022133





February 1, 2008

CLA-2-85:OT:RR:NC:N1:112

CATEGORY: CLASSIFICATION

TARIFF NO.: 8502.11.0000

Steve L. Fodor
Attorney in fact
Customs Services & Solutions Inc.
P.O. Box 5644
Douglasville GA, 30135

RE: The tariff classification of the, “Allight Mobile Generator / Lighting Tower” (Model- NIGHTSHIFTER 4000) from China

Dear Mr. Fodor:

In your letter dated January 11, 2008, on behalf of Keen Transport Inc., you requested a tariff classification ruling.

The item concerned is the “Allight Mobile Generator / Lighting Tower” (Model- NIGHTSHIFTER 4000). This item consists of a diesel engine connected to a generator, mounted within a metal housing. The metal housing incorporates wheels and a retractable tow bar. In addition, this generator set, also incorporates a retractable lighting tower. The lighting tower is mounted to the front of the metal housing. Mounted to the upper most portion of the lighting tower are four 1000 Watt, “Quick change lamps”. An access panel located on the metal housing allows for accessibility to a control panel and two 10 Amp power outlets. The power outlets are used to supply electrical power to a variety of electrical tools or other electrical devices. The generator has an output rating of 6000 Watts.

The applicable subheading for the “Allight Mobile Generator / Lighting Tower” (Model- NIGHTSHIFTER 4000) will be 8502.11.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electric generating sets: Of an output not exceeding 75 kVA”. The rate of duty will be 2.5%.

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 Steve Pollichino at 646-733-3008.

Sincerely,

Robert B. Swierupski
Director,

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