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NY N004539




January 9, 2007

CLA-2-85:RR:NC:1:110

CATEGORY: CLASSIFICATION

TARIFF NO.: 8536.30.8000

Mr. Harold Averill
Corrigan Dispatch Company
Box 3610
Brownsville, TX 78523-3610

RE: The tariff classification of circuit protection devices from Mexico.

Dear Mr. Averill:

In your letter dated December 11, 2006, you requested a tariff classification ruling on behalf of your client, Airpax Corporation.

The merchandise under consideration consists of five Ground Fault Circuit Interrupters (GFCI) and Sensing Modules. The five models are identified as the LineGard® 30 Amp Multi-phase Permanent Series (Splice-in) GFCI, LineGard® 30 Amp Permanent Series (Splice-in) GFCI, LineGard® 20 Amp Portable Series (Cord) GFCI, LineGard® 30 Amp Portable Series (Cord) GFCI, and the LineGard® GFCI Sensing Module PGFM Series. A sample of the Sensing Module PGFM Series was submitted with your ruling request.

GFCI devices sense the imbalance caused by a ground fault, which is an unintentional electrical path that flows to ground rather than between conductors. When a fault accrues, the GFCI opens the circuits, thereby preventing electrical shock and/or damage to equipment. Located on the face of each GFCI device is a power and fault status indicator light as well as one test and one reset button. The reset button closes the circuit after a fault has been discovered and corrected.

The LineGard® 30 Amp Multi-phase Permanent Series (Splice-in) GFCI and the LineGard® 30 Amp Permanent Series (Splice-in) GFCI are industrial grade devices housed within a durable weatherproof plastic box designed for surface mounting with four external mounting ears. Each device has a single ¾ inch connector, which allows the flexibility of connecting to PVC, EMT, burial and flexible electrical conduits. This series GFCI provides multiple splicing leads, measuring 18 inches long, for connections to 3 and 4-wire applications with voltage ratings of up to 277 Volts (V). The Splice-in Series are designed for splicing in protection anywhere within the length of an electrical circuit for both new and existing applications.

The LineGard® 20 Amp Portable Series (Cord) GFCI and the LineGard® 30 Amp Portable Series (Cord) GFCI devices are similar in size and construction to the Splice-in Series devices. The Cord Series provides two 18 inch long 3-wire fully insulated cords/cables for connecting plugs and/or sockets. This configuration provides a portable, easy to connect and disconnect, ground fault protection device for in-line power cords used in a variety of indoor and outdoor applications.

The LineGard® GFCI Sensing Module PGFM Series is a GFCI sensing device designed to operate in tandem with an approved Airpax circuit breaker with shunt trip and auxiliary switch. The sample provided is housed within a weatherproof molded plastic box, which measures approximately 3 inches high by 2 inches wide by 1½ inches deep with a 1½ inch square extension protruding out of the back of the housing. The extension features a ¾ inch round hole that houses the sensing coil. The Sensing Module has three 8 inch conductor leads for connecting to the circuit breaker. Load conductors from the circuit breaker are passed through the hole of the GFCI and feed power to an electrical device. The Sensing Module monitors the conductors that pass through the hole for any fault or leakage of power. The Sensing Module works in conjunction with an approved Airpax circuit breaker, creating a GFCI protected circuit breaker. This device is rated for a voltage of up to 240 V.

The applicable subheading for the five LineGard® GFCI devices, which are identified above, will be 8536.30.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuitsfor a voltage not exceeding 1,000 V: Other apparatus for protecting electrical circuits: Other.” The general rate of duty will be 2.7 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Thomas Campanelli at 646-733-3016.

Sincerely,

Robert B. Swierupski
Director,

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