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NY R02770




November 30, 2005

CLA-2-90:RR:NC:N1:105 R02770

CATEGORY: CLASSIFICATION

TARIFF NO.: 9032.10.0090

Mr. Miles Frederick Hoehn
Therm-O-Disc, Inc.
1320 South Main Street
Mansfield, OH 44907

RE: The tariff classification of a thermostat from Thailand

Dear Mr. Hoehn:

In your letter dated November 3, 2005, you requested a tariff classification ruling. No sample was submitted.

Per the Thermodisc Design and Performance Specifications: “The primary purpose of the 59E control is to provide non-simultaneous element cycling control function to regulate water temperature in an electric storage water heater. This is accomplished by using NTC thermistor probes to sense the temperature of the tank wall just above each heating element. This temperature information is fed into the microcontroller where a software algorithm makes the decision of when each element is energized to maintain the water temperature at the user selected setpoint. The setpoint range for the 59E is between 90F and 150F.”

The control also has relatively minor subsidiary functions such as shutting off the power when no water is in the water heater or an electrical short is detected.

We agree that the applicable subheading for the 59E will be 9032.10.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for “other” Thermostats. The 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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