9813.00.40 - Locomotives and other railroad equipment brought temporarily into the United States for use in clearing obstructions, fighting fires or making emergency repairs on railroads within the United States, or for use in transportation otherwise than in international traffic when the Secretary of the Treasury finds that the temporary use of foreign railroad equipment is necessary to meet an emergency

This HTS category, 9813.00.40, specifically addresses locomotives and other railroad equipment that are temporarily imported into the United States under particular emergency circumstances. These provisions are designed to facilitate the rapid deployment of foreign rail assets to address critical situations such as clearing obstructions, fighting fires on railway lines, or performing urgent repairs. It also covers equipment needed for temporary transportation services that are not part of international traffic, contingent upon a finding by the Secretary of the Treasury that such temporary use is essential to meet an emergency.

Unlike the foundational chapters of the HTS which classify goods based on their inherent nature, material, or primary use (e.g., live animals in Chapter 1), this provision falls under Section XXII, which deals with special classification provisions and temporary legislation. This distinguishes it significantly from the vast majority of sibling categories which focus on standard import classifications. The core distinguishing factor for 9813.00.40 is the **temporary nature** of the import and the **specific, emergency-driven purpose** for which the railroad equipment is brought into the U.S., rather than its permanent entry for commercial sale or use.

As a leaf node, this category does not have further subdivisions. Therefore, classification within this code hinges on meeting the strict criteria outlined in its description, namely the type of equipment (locomotives and railroad equipment), the temporary nature of its presence, and the defined emergency situations (obstruction clearance, fire fighting, emergency repairs, or critical non-international transportation needs) that necessitate its use, supported by the required finding from the Secretary of the Treasury.