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NY 883329




March 16, 1993

CLA-2-90:S:N:N3:102 883329

CATEGORY: CLASSIFICATION

TARIFF NO.: 9032.10.0060

Mr. Ed Baker
A.N. Deringer, Inc.
30 West Service Road
Champlain, N.Y. 12919-9703

RE: The tariff classification of the TC1-CD agricultural thermostat from Canada

Dear Mr. Baker:

In your letter dated March 1, 1993, on behalf of your client, Thevco Electronics, Inc., you requested a tariff classification ruling.

The item in question is the model TC1-CD agricultural temperature controller. This solid state device measures ambient temperature levels and activates either cooling fans or heaters in order to maintain a set temperature in livestock areas. The unit contains a digital display that shows both set temperature and measured temperature, and utilizes a remote temperature sensor.

The applicable subheading for the TC1-CD thermostat will be 9032.10.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for automatic regulating or controlling instruments and apparatus; thermostats for air conditioning, refrigeration or heating systems. The duty rate will be 4.8 percent ad valorem.

HTS subheading 9817.00.5000, which is free of duty, is the provision covering machinery, equipment and implements to be used for agricultural or horticultural purposes. Subject to actual use certification, in keeping with sections 10.131 - 10.134 of the Customs Regulations, the items classified above would, in the alternative, be classified in subheading 9817.00.5000. Goods classifiable under subheading 9032.10.0060, 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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