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NY C81280





November 25, 1997

CLA-2-85:RR:NC:MM:109 C81280

CATEGORY: CLASSIFICATION

TARIFF NO.: 8533.29.0000

Mr. Michell J. Ostrosky
Customs Supervisor
LEP Profit International, Inc.
11600 Metro Airport Center Dr.
Suite 100
Romulus, MI 48174

RE: The tariff classification of certain expanded metal power resistors from France

Dear Mr. Ostrosky:

In your letter dated October 27, 1997, you requested a tariff classification ruling on behalf of Metal Deploye S.A., Maineville, OH.

The merchandise is described in the attached information and literature as expanded metal power resistors Gridex F, G, N, T and U. The power dissipation capability of these resistors is not less than 100 watts. In their imported condition all the resistors are fixed resistors. The attached letter from Mr. Reis of Metal Deploye S.A., indicates that these resistors may be designed for use in the following applications: grounding, electric distribution power quality (power distribution), motor starting, and dynamic breaking. The literature mentions industrial heating as an additional application. The literature indicates that the resistors are designed for specific applications, and that certain technical parameters need to be furnished depending on the application. In a telephone conference with Mr. Reis, on November 14, 1997, he indicated that his company is not currently importing heating resistors. He was informed that heating resistors (solely or principally used for heating) are excluded from heading 8533, Harmonized Tariff Schedule of the United States.

The applicable subheading for the expanded metal power resistors Gridex F, G, N, T and U, designed for applications such as grounding, electric distribution power quality (power distribution), motor starting, and dynamic breaking (other than for heating), will be 8533.29.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for "[e]lectrical resistors...other than heating resistors...[o]ther fixed resistors: [o]ther." The rate of duty will be 3.2% ad valorem.

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 Eileen S. Kaplan at 212-466-5673.

Sincerely,

Robert B. Swierupski
Director,

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