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NY 800295





August 04, 1994

CLA-2-84:S:N:N1:104 800295

CATEGORY: CLASSIFICATION

TARIFF NO.: 8419.19.0020

Ms. Ann Williams
A.N. Deringer, Inc.
173 W. Service Road
Champlain, NY 12919

RE: The tariff classification of indirect water heaters from Canada.

Dear Ms. Williams:

In your letter dated July 18, 1994 on behalf of Group Thermo Inc. of Berkeley Heights, NJ you requested a tariff classification ruling.

The Ergomax Indirect Water Heaters, constructed of steel with copper coils and a fused silicate liner, can produce water up to 200 degrees F. You describe them as heat exchangers and have provided a copy of a patent for a heat exchanger with fluid injector. The literature indicates that these units heat water instantaneously. It appears that their sole function is to heat water. Other features include built-in turbulence in the primary circuit which keeps impurities in suspension and flushes them through the secondary, eliminating scaling and 99 percent heat transfer efficiency.

The applicable tariff provision for the Ergomax Indirect Water Heaters will be 8419.19.0020, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for instantaneous or storage water heaters, non-electric: other. The general rate of duty will be 4 percent.

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