CLA-2-86:RR:NC:MM:106 F83920

Mr. Anthony A. Tonucci
Grunfeld, Desiderio, Lebowitz & Silverman LLP
245 Park Avenue
33rd Floor
New York, NY 10167-3397

RE: The tariff classification of railway passenger train wheel set assemblies from Spain.

Dear Mr. Tonucci:

In your letter dated March 1, 2000, on behalf of Construcciones Y Auxiliares De Ferrocarril, you requested a tariff classification ruling.

The imported articles are railway passenger train wheel set assemblies. You indicate that after importation into the United States, the wheel set assemblies will be used in the manufacture of finished passenger train units and sold to the WMATA for the subway of Washington, D.C. As imported, each wheel set assembly is comprised of a set of wheels fitted with an axle, gearbox, bearings and a disc brake assembly.

The applicable subheading for the railway passenger train wheel set assemblies will be 8607.99.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for parts of railway or tramway locomotives or rolling stock: other: other: other. The rate of duty will be 3.1 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 Patrick J. Wholey at 212-637-7036.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division