us-cbp-cross-rulings-hq-081691•HQ 081691: Classification of Railway Freight Car Body
HQ 081691: Classification of Railway Freight Car Body
us-cbp-cross-rulings-hq-081691HQ 081691: Classification of Railway Freight Car BodyGuidance
Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.
HQ 081691
January 18, 1989
CLA-2:CO:R:C:G 081221 JAS
CATEGORY: Classification
TARIFF NO.: HTSUS 8606.99.00
R. Christian Berg, Esq.
Harris & Berg
1101 30th. St. N.W., Suite 103
Washington, D.C. 20007
RE: Classification of Railway Freight Car Body
Dear Mr. Berg:
Under the authority of 19 U.S.C. 1516(a), and section
175.1, Customs Regulations, you request information on the
classification and rate of duty on an imported component of an
intermodal railway car known as the "front runner."
FACTS:
When complete, the front runner is a stand-alone railway
freight car specially designed to carry 40 ft. and 48 ft. truck
trailers. The completed car is a single platform lightweight
car, designated by the Association of American Railroads as AAR
Class FC. This car is pictured and described in The Car and
Locomotive Cyclopedia of American Practices, 5th. ed. (1984),
at p. 191.
The article in issue is a series of components welded
together to form the car body. It consists essentially of the
central box section, to which other components are fabricated.
The box section is a hollow welded steel unit, 51 ft. 2 in.
long, with gussets at each end, which forms the backbone of the
car. This welded unit rests on top of and is attached at both
ends to rectangular steel supporting units, open at one end.
At the rear or A-end of the car are two steel outrigger
platforms situated on either side of the box section that run
half its length. These platforms are attached to the
rectangular supporting units. The wheels of the truck trailers
will rest on the outrigger platforms. Steel axle/wheel
housings are welded on either side of the box section in front
of the outrigger platforms. At the opposite or B-end of the
- 2 -
car is a crossover platform for crewmen. It is situated on
either side of the box section and rests on the welded steel
supporting units. At the same end is a hydraulic stanchion
(not the subject of this inquiry) on a supporting plate, to
which is attached the front end of the truck trailer. You
state a number of nuts, bolts, washers, pins and other subsi-
diary articles, listed but not described, are included in the
importation. It is indicated that the imported car body repre-
sents 57 percent of the total value of the completed front
runner car.
After importation, brake assemblies, wheels, axles, yokes,
roller bearings, trailer hitch, front and rear couplers and
release rigging, and handrails, and some lesser components and
fasteners, are added to complete the car. These components
represent 43 percent of the total value of the completed car.
ISSUE:
Is the front runner car body regarded for tariff purposes
as an unfinished railway or tramway freight car, or is it
classifiable under an applicable parts provision ?
LAW AND ANALYSIS:
Effective January 1, 1989, the Harmonized Tariff Schedule
of the United States (HTSUS), replaced the Tariff Schedules of
the United States (TSUS), as the official tariff code of the
United States. General Rule of Interpretation 2(a), HTSUS,
states, in part, that any reference in a heading to an article
shall be taken to include a reference to that article unfin-
ished, provided that, as entered, the unfinished article has
the essential character of the finished article.
HOLDING:
The fabricated front runner car body, as imported, consti-
tutes an unfinished railway or tramway freight car, not self-
propelled, of the type classifiable in subheading 8606.99.00,
Harmonized Tariff Schedule of the United States (HTSUS). The
rate of duty under this provision is 18 percent ad valorem.
Sincerely,
John Durant, Director
Commercial Rulings Division
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