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CIT Finds Fuel Cell Generator Components Classifiable in Heading 8405

Assemblies of stationary hydrogen fuel cell generators imported by HyAxiom are classifiable in heading 8405 as producer gas or water generators, not in heading 8479 as machines with functions not specified elsewhere or heading 8503 for parts of electric generators,…

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said Court of International Trade Judge Timothy Stanceu in an Aug. 26 opinion. Finding in favor of the classification put forward by HyAxiom, formerly known as Doosan Fuel Cell America, Stanceu held that the HyAxiom’s “PC50 supermodule,” even though not a functioning machine as imported, has the essential character of a gas-generating machine of heading 8405.