us-cbp-cross-rulings-hq-087074•HQ 087074: Electric Generating Set; Gas Turbine and Electric Generator Imported Together
HQ 087074: Electric Generating Set; Gas Turbine and Electric Generator Imported Together
us-cbp-cross-rulings-hq-087074HQ 087074: Electric Generating Set; Gas Turbine and Electric Generator Imported TogetherGuidance
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 087074
NOVEMBER 21 1991
CLA-2:CO:R:C:M 087074 JAS
CATEGORY: Classification
TARIFF NO.: 8502.30.0000; 8503.00.6060, HTSUSA
Patrick D. Gill, Esq.
Rode & Qualey
295 Madison Avenue
New York, N.Y. 10017
RE: Electric Generating Set; Gas Turbine and Electric
Generator Imported Together
Dear Mr. Gill:
In your letter of February 15, 1990, as supplemented, on
behalf of Siemens Power Corporation (formerly Utility Power
Corporation), Bradenton, Florida, you inquire as to the tariff
classification of a gas turbine and electric generator imported
together from Germany. Our ruling follows.
FACTS:
The machine in question is the Kraftwerk Union 60 Hz model
V84 gas turbine-generator. It is described as a single shaft
(3600 rpm), single casing machine consisting of one 17-stage
compressor and one four-stage turbine. Both components will be
imported in the same shipment. Two large silo-type multi-
burner combustion chambers suitable for burning natural gas,
light or heavy oils, and fuel oils will be imported separately
and flange-mounted to each side of the turbine. The compressed
air and fuel mixture from these chambers causes the turbine
blades to turn, thus creating rotating mechanical energy, which
the generator, by means of electromagnetic induction, converts
to alternating current electrical energy.
You state that the V84 is designed and uniquely matched as
a functional unit whose sole purpose is to generate
electricity. It is a combination of a generator and its prime
mover, the turbine, which are connected by coupling the shafts,
designed and mounted together as one unit. The units are rated
almost one-to-one in terms of kW output between turbine and
generator. Moreover, the turbine and generator are connected
by piping which provides lubrication to the thrust and journal
bearings, fuel, and water for emission control. The
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lubrication system includes one common operating pump, filter,
and cooling system. Both the turbine and generator are
controlled by a common control system that receives electronic
signals from both units to compute and govern the actual
output.
For these reasons, you maintain the turbine-generator
combination is classifiable under the provision for other
generating sets, in subheading 8502.30.0000, Harmonized Tariff
Schedule of the United States Annotated (HTSUSA). You maintain
the exhaust stack would be classifiable in subheading 8503.00.
6060, HTSUSA, a provision for parts solely or principally used
with a machine of heading 8502.
ISSUE:
Whether the turbine and generator imported together are
classifiable together as a set, or are separately classifiable.
LAW AND ANALYSIS:
Merchandise is classifiable under the HTSUSA in accordance
with the General Rules of Interpretation (GRIs). GRI 1,
HTSUSA, states in part that for legal purposes, classification
shall be determined according to the terms of the headings and
any relative section or chapter notes and, provided the
headings or notes do not otherwise require, according to GRIs 2
through 6.
The Explanatory Notes (ENs) constitute the Customs
Cooperation Council's official interpretation of the Harmonized
System. While not legally binding, they provide a commentary
on the scope of each heading of the Harmonized System, and are
thus useful in ascertaining classification under the System.
Customs believes they should always be consulted. See T.D. 89-
80.
Relevant ENs indicate that for purposes of heading 8502
the expression "generating sets" applies to the combination of
an electric generator and any prime mover other than an
electric motor and that generating sets consisting of the
generator and its prime mover, which are mounted (or designed
to be mounted) together as one unit or on a common base (see
the General Explanatory Note to Section XVI), are classified
[in heading 85.02] provided they are presented together.
Turbines and generators of this type are stand-alone
machines with their shafts being typically connected either by
means of a gear box or a flange. The instant units are
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connected by means of couplings on their respective shafts
which are bolted together to form the single shaft referred to
in the literature. The coupling between turbine and generator
is a precision mechanical fit designed to insure that both
shafts rotate at identical speeds. The design of these units
is such that in addition to shaft rotation, their vibrational
behavior, bearing loads, etc., must be matched. Moreover, the
generator, in this case, is used as a motor to start the
turbine. The gas turbine cannot be started or operated by any
means other than its matching generator.
It has been suggested that the cited General Explanatory
Note may support the proposition that there must be substantial
physical integration of the turbine and generator for these
units to constitute a set for tariff purposes, and that a mere
coupling of the shafts is insufficient in this regard. In our
opinion, the note is inconclusive in imposing this requirement
on the turbine and generator in issue here and, in any event,
there is substantially more integration of these units than a
mere coupling of the shafts. This note, therefore, should not
be interpreted in such a way as to contravene the otherwise
clear scope of heading 8502.
Because the units in issue here are commonly bought and
sold together, are commercially regarded as generating sets,
and possess design features that indicate they will be
permanently attached to one another, we conclude that they are
designed to be mounted together as one unit for purposes of
heading 8502.
HOLDING:
Under the authority of GRI 1, the turbine and generator
which comprise the Kraftwerk Union model V84 are provided for
in heading 8502. Actual classification is under the provision
for other generating sets in subheading 8502.30.0000, HTSUSA.
The rate of duty is 3 percent ad valorem.
Sincerely,
John Durant, Director
Commercial Rulings Division
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