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NY K80508





November 10, 2003

CLA-2-84:RR:NC:1:104 K80508

CATEGORY: CLASSIFICATION

TARIFF NO.: 8418.69.0085

Mr. William S. Thomas
Miami Valley Worldwide Inc.
1300 E. Third St.
Dayton, OH 45403

RE: The tariff classification of a personal mini refrigerator/cooler from China

Dear Mr. Thomas:

In your letter dated October 23, 2003 on behalf of Elder Beerman Stores, Inc. you requested a tariff classification ruling.

The “Mini Cooler & Warmer Personal Refrigerator” can keep food, drink or snacks cold by means of thermoelectric power. The unit will achieve an interior temperature of approximately 20o-25oC below ambient temperature when the switch is in the “COLD” position and heat up to a maximum of +65oC when the switch is in the “HOT” position. The coolent free, hard plastic unit has the capacity to hold six 12-oz. cans. The portable, solid state refrigerator features a built in carrying handle on top and an inside removable storage shelf to organize snacks. It comes equipped with a 12V D/C cigarette lighter adapter for use in a car or boat. An A/C adapter for home/office use is sold separately. The single external door unit measures approximately 10½” H x 9½” L x 7” W.

As per your request in your fax dated November 6, 2003, submitted sample will be returned to your office.

In your letter, you cite NY H87766 dated February 27, 2002. You state that the importer feels the unit in question is similar to one described in NY H87766. For information purposes, please be advised that several breakouts under subheadings 8418.61.00, Harmonized Tariff Schedule of the United States (HTS) and 8418.69.00, HTS, were realigned in 2002. As of July 1, 2002, subheading 8418.69.0095, HTS, was renumbered as subheading 8418.69.0085.

The applicable subheading for the “Mini Cooler & Warmer Personal Refrigerator” will be 8418.69.0085, HTS, which provides for Refrigerators, freezers and other refrigerating or freezing equipment, electric or other; heat pumps, other than the air conditioning machines of heading 8415; parts thereof: Other refrigerating or freezing equipment; heat pumps: OtherOther refrigerating or freezing equipment: 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 Robert Losche at 646-733-3011.

Sincerely,

Robert B. Swierupski
Director,

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