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NY 870438


February 5, 1992

CLA-2-84:S:N:N1:102 870438

CATEGORY: CLASSIFICATION

TARIFF NO.: 8481.80.9015

Mr. Richard Vidal
Peninsula Technologies Ltd.
6702 Rajpur Place
RR #3
Victoria, B.C. V8X 3X1

RE: The tariff classification of a Warm Breeze air diffuser from Canada

Dear Mr. Vidal:

In your letter dated December 30, 1991 you requested a tariff classification ruling.

The item in question is a Warm Breeze air diffuser. It is designed to reduce air temperature and ventilation in ceiling diffusers. The air diffuser has a temperature activated diverter valve which opens when warm air passes through and will close when the air is cool. The item at present is made of steel, future shipments will be made of aluminum.

The applicable subheading for the air diffuser will be 8481.80.9015, Harmonized Tariff Schedule of the United States (HTS), which provides for regulating valves, self-operating for controlling variables such as temperature, pressure, flow and liquid level. The duty rate will be 3.7 percent ad valorem.

Goods classifiable under subheading 8481.80.9015, HTS, which have originated in the territory of Canada, will be entitled to a free rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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