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NY B89966




October 17, 1997

CLA-2-90:RR:NC:1:105 B89966

CATEGORY: CLASSIFICATION

TARIFF NO.: 9032.10.0060

Mr. Arvind K. Suri
J. F. Moran Co. Inc.
475 Douglas Pike
Smithfield, RI 02917

RE: The tariff classification of a Thermostat Head/Operator from Germany

Dear Mr. Suri:

In your letter dated September 23, 1997, you requested a tariff classification ruling on behalf of Taco, Inc.

The thermostat head/operator is a self-contained, wireless, automatic, modulating temperature control valve for use in hot water or two pipe steam space heating systems. It is used to control individual baseboards, convectors, and radiators. It senses changes in temperature and automatically increases or decreases the flow of heat in response to those changes.

The applicable subheading for the thermostat head/operator will be 9032.10.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for other automatic regulating or controlling instruments and apparatus. The rate of duty will be 3.0 percent ad valorem.

The sample was submitted in a small box bearing the importer's name and addresses in the United States and Canada at one end, and "Made in Germany" at the other. The "Made in Germany" marking is not of comparable size, or in close proximity to the importer's name and address. Therefore, if imported as is, the sample submitted will not meet the country of origin marking requirements of 19 U.S.C. 1304. Accordingly, the sample would be considered not legally marked under the provisions of 19 C.F.R. 134.46 which states that "in any case in which the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appear on an imported article or its container, there should appear, legibly and permanently, in close proximity to such words, letters or name, and in at least a comparable size, the name of the country of origin preceded by Made in, Product of, or other words of similar meaning."

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

A copy of this 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 this ruling, contact National Import Specialist Eric Francke at (212) 466-5669.

Sincerely,

Robert B. Swierupski
Director,

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