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NY 881844




February 4, 1993

CLA-2-84:S:N:N1:105 881844

CATEGORY: CLASSIFICATION

TARIFF NO.: 8415.83.0070

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

RE: The tariff classification of heat recovery ventilators from Canada.

Dear Mr. Baker:

In your letter dated January 7, 1993 you requested a tariff classification ruling on behalf of Venmar Ventilation.

Flair Heat Recovery Ventilators, models 3055, 5585 and 85115 vary in air volume they can handle, but all have the same principle of operation: heat exchange. Warm, stale and humid air throughout a house is drawn by the intake fan of the unit through an existing duct system. As stale air is expelled, the heat recovery ventilator simultaneously draws in fresh air from the outside, warming it with heat recovered from the indoor air. Fresh, warm air is thus released throughout the house. All models include filters which trap dust particles.

All models also include dehumidistats which sense and regulate humidity by controlling the speed of the fans and the resulting air mix. Excess humidity condenses on the polypropylene core and collects in the condensation tray.

The applicable subheading for all the Flair Heat Recovery Ventilators listed above will be 8415.83.0070, Harmonized Tariff Schedule of the United States (HTS), which provides for air conditioning machines, comprising a motor-driven fan and elements for changing the temperature and humidity, including those machines in which the humidity cannot be separately regulated, other, not incorporating a refrigerating unit. The rate of duty will be 2.2 percent ad valorem.

Goods classifiable under subheading 8415.83.0070 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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