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NY A81195

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April 2, 1996

CLA-2-85:RR:NC:MA: 112 A81195

CATEGORY: CLASSIFICATION

TARIFF NO.: 8536.50.4000

Mr. Victor Morales
Fritz Companies, Inc.
P.O. Box 2050
San Juan, PR 00902

RE: The tariff classification of a motor starter from the Dominican Republic

Dear Mr. Morales:

In your letter dated March 11, 1996, on behalf of Cutler-Hammer de P.R. Company, you requested a tariff classification ruling.

As indicated by the submitted descriptive literature, the motor starters consist of both the non-reversing and reversing types. The non-reversing starters provide the electrical impulse to start an electric motor, and the reversing starters control the electrical impulse to reverse the current flow so that the direction of motor rotation is changed. The following models are described in your letter: AE16/AN16; AE56/AN56; AE17/; AE57.

The applicable subheading for both the non-reversing and reversing motor starters will be 8536.50.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for motor starters, for a voltage not exceeding 1000V. The rate of duty will be 4.3 percent ad valorem.

You have also inquired as to the applicability of subheading 9802.00.8040, HTS, which provides for articles returned to the United States after assembly abroad, and the applicability of the provisions of the Caribbean Basin Economic Recovery Act (CBERA) as set forth in General Note 7, HTS. Your request does not contain enough information to provide a reply with respect to these issues. Specific information as to the exact operations involved in the assembly process undertaken in the Dominican Republic, including the cost of such operations, as well as value information on the cost of the United States components, must be provided.

When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you. If you have any questions regarding the above, please contact National Import Specialist David Curran at (212) 466-5680.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 177).

Sincerely,

Roger J. Silvestri
Director

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See also:

• Tariff No.: 8536.50.40 - Electrical motor starters (which are switches), for a voltage not exceeding 1,000 V
• Tariff No.: 9802.00.80 - U.S. articles assembled abroad, which have not lost their physical identity or have not advanced in value or improved in condition abroad