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NY R00662




August 19, 2004
CLA-2-85:RR:NC:1:112 R00662

CATEGORY: CLASSIFICATION

TARIFF NO.: 8543.89.9695

Mr. William J. Polkinhorn
Bill Polkinhorn, Inc.
US Customhouse Brokers and Foreign Freight Forwarders 2401 Portico Blvd.
Calexico, CA 92231

RE: The Tariff Classification of Thermocouples/Thermopiles from Mexico.

Dear Mr. Polkinhorn:

In your letter dated July 30, 2004, on behalf of Robertshaw Controls Company, you requested a tariff classification ruling.

Thermocouples, literature submitted, are used in gas burners as safety devices. The heat from the pilot flame on the thermocouple causes the thermocouple to generate a low voltage that supplies power to the safety solenoid valve that allows the flow of gas to the burner assembly. The lighted gas then heats the water located in a storage tank located directly above the burner. If the pilot flame is extinguished, the voltage stops and the safety valve shuts off the flow of gas to the burner assembly.

The applicable subheading for the Thermocouples/Thermopiles will be 8543.89.9695, Harmonized Tariff Schedule of the United States (HTS), which provides for other electrical machines and apparatus, , not specified or included elsewhere in Chapter 85, HTS. The rate of duty will be 2.6 percent 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 Michael Contino at 646-733-3014.

Sincerely,

Robert B. Swierupski
Director,

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