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NY 800172



August 17, 1994

CLA-2-90:S:N:N3:102 800172

CATEGORY: CLASSIFICATION

TARIFF NO.: 9032.89.6060

Mr. Mario Tello
Lockwood Brokers, Inc.
819 Zaragoza Street
P.O. Box 1412
Laredo, TX 78040

RE: The tariff classification of water level pressure switches from Mexico.

Dear Mr. Tello:

In your letter dated July 12, 1994, on behalf of your client, Robertshaw Controls, Co., you requested a tariff classification ruling.

The items at issue are a group of electrical water level pressure switches used in top loading washing machines. While the models may vary in such features as single or selectable multiple water levels they all basically function along the same lines. The units utilize air pressure changes generated in an external air-pressure dome to make or break an internal electrical switch. The switch in turn energizes or de-energizes a solenoid valve in order to maintain the proper water level.

The applicable subheading for the assorted water level pressure switches will be 9032.89.6060, Harmonized Tariff Schedule of the United States (HTS), which provides for automatic regulating or controlling instruments and apparatus; flow and liquid level control. The rate of duty will be 4.9 percent ad valorem.

Under HTS subheading 9802.00.80 articles assembled abroad in whole or in part of fabricated components, the product of the United States, which (a) were exported in condition ready for assembly without further fabrication, (b) have not lost their physical identity in such articles by change in form, shape, or otherwise, and (c) have not been advanced in value or improved in condition abroad expect by being assembled and except by operations incidental to the assembly process such as cleaning, lubricating, and painting, are subject to a duty upon the full value of the imported article, less the cost or value of the U.S. components assembled therein, upon compliance with the documentary requirements of section 10.24, Customs Regulations (19 CFR 10.24).

Based on the information provided, it is our opinion that this provision would be applicable to your merchandise, provided that all of the requirements of the Customs Regulations are met. An allowance, that reflects the cost of the American supplied components, will be permitted to the dutiable value of the imported controllers.

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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