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NY A87798




October 11, 1996

CLA-2-85:RR:NC:1: 112 A87798

CATEGORY: CLASSIFICATION

TARIFF NO.: 8536.30.8000

Mr. Stephen P. Deem
Control Devices, Inc.
228 Northeast Road
Standish, ME 04084

RE: The tariff classification of a thermoprotector from the Dominican Republic

Dear Mr. Deem:

In your letter dated September 6, 1996 you requested a tariff classification ruling.

As indicated by the submitted samples and descriptive literature, the thermoprotector is identified as the "recessed fixture" type and is used to prevent lighting fixtures from exceeding the maximum temperature limits set by U.L., CSA, and N.E.C. standards. The thermoprotector consists of a plastic housing containing a glass encased prestressed, bimetallic blade affixed to three insulated electrical wires which are connected to the lighting fixture. When overheating is sensed, the bimetallic blade snaps open and then closed, causing the lamp to blink and thereby indicating the existence of a fault condition.

The applicable subheading for the thermoprotector will be 8536.30.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for other apparatus for protecting electrical circuits, for a voltage not exceeding 1,000 V; other. The duty rate will be 4.3 percent ad valorem.

Articles classifiable under subheading 8536.30.8000, HTS, which are products of the Dominican Republic are entitled to duty free treatment under the Caribbean Basin Economic Recovery Act (CBERA) upon compliance with all applicable regulations.

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

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist David Curran at 212-466-5680.

Sincerely,

Roger J. Silvestri

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