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NY L84364




May 16, 2005

CLA-2-90:RR:NC:N1:105 L84364

CATEGORY: CLASSIFICATION

TARIFF NO.: 9032.10.0060

Ms. Heather Ganley
Taco, Inc
1160 Cranston Street
Cranston, RI 02920

RE: The tariff classification of a Radiant Mixing Control from Canada

Dear Ms. Ganley :

In your letter dated April 25, 2005, you requested a tariff classification ruling.

You refer to the sample as an IMC Cover Module. However, it is termed a Radiant Mixing Control in the 16 page Taco Instruction Sheet.

From the literature sent and the sample, the RMC has no pump or valves, but it is connected to the rest of the Radiant Mixing Block, which does. It does have a large LCD used primarily to display the measurements of and user settings for temperature. The user presses the buttons on its face to choose the desired temperature (in C° or F°) for the heating water that the RMB will send to the base board heaters, etc. The RMC then compares that to the input from various thermometers and then sends electrical signals to the pumps and valves in the RMB to cause the mixing of boiler and cooler water that will get the water to, and maintain it at that temperature.

As is typical with modern thermostats, it has minor additional, related controls, e.g, if an outdoor sensor is connected, the RMC causes the system to shut down when the outdoor temperature is above a chosen degree since no heating should be needed at all.

You propose classification in 9032.89.60. However, the RMC is not part of an automatic control instrument or apparatus as defined by Note 7 to Chapter 90 of the HTS since it has the essential character of one in itself. Since its purpose is to give the instructions to maintain temperature at a chosen level, it meets the ordinary definition of a thermostat.

The applicable subheading for the RMC will be 9032.10.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for Thermostats for air conditioning, refrigeration or heating systems, not designed for wall mounting. The general rate of duty will be 1.7 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 J. Sheridan at 646-733-3012.

Sincerely,

Robert B. Swierupski
Director,

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