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NY I85396





September 10, 2002

CLA-2-85:NC:MM:109 I85396

CATEGORY: CLASSIFICATION

TARIFF NO.: 8533.40.8070

Mr. Craig M. Schau
Emery Customs Brokers
6940A Engle Road
Middleburg Heights, OH 44130

RE: The tariff classification of Glass Encapsulated SMD (Surface Mount Device) Thermistor from United Kingdom

Dear Mr. Schau:

In your letter dated August 9, 2002, you requested a tariff classification ruling on behalf of GE Thermometrics of St. Mary’s, Pennsylvania.

The merchandise is described in your letter as Glass Encapsulated SMD (Surface Mount Device) Thermistor, which is a thermally sensitive resistor. The product number is 03006-165.9-55-K, TYPE MELF. The Glass Encapsulated SMD (Surface Mount Device) Thermistor is an NTC (Negative Thermistor Coefficient) type thermistor, which is encapsulated in glass and hermetically sealed. It is suitable for temperature measurement, control, and compensation. As is the function of a thermistor, it opposes (resists) the flow of electrical current as the temperature, within the device that it is placed, changes. A sample was submitted to this office.

The applicable subheading for the Glass Encapsulated SMD (Surface Mount Device) Thermistor will be 8533.40.8070, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other variable resistors, including rheostats and potentiometers: Other: Other: Other.” The rate of duty will be free.

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 Linda M. Hackett at 646-733-3015.

Sincerely,

Robert B. Swierupski
Director,

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