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NY N012595




July 2, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 9032.10.0060

Ms. Lesa L. Gibbs
II Stanley
1500 Hill Brady Rd.
Battle Creek, MI 49011

RE: The tariff classification of temperature controls from China

Dear Ms. Gibbs:

In your letter dated June 11, 2007, you requested a tariff classification ruling. No sample was provided.

You state: “Part numbers 79500-WXAA-V000 and 79500-WXAA-V001 adjusts the temperature via temperature knobs.

The only difference between these two parts is that 79500-WXAA-V001 has an added function of a mirror defrost.

Part number 79600-WXAA-V000 allows the temperature to be preset to a desired level and is maintained automatically.

The basic function of all three parts is similar to the thermostat controls in a house.”

You propose classification in HTSUS 9032.89.6040. However, the subheading of Thermostats for 9032.10 is clearly more specific than the equally indented Other for 9032.89.

The applicable subheading for the 79600 will be 9032.10.0060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “other” Thermostats for air conditioning, refrigeration or heating systems. The rate of duty will be 1.7 percent ad valorem.

Regarding the 79500 part numbers, we are returning your request for a ruling, and any related samples, exhibits, etc. We need additional information in order to issue a ruling. Please submit the information described below:

Descriptive literature or a detailed explanation on the use of the item(s).

Descriptive literature or a detailed explanation on how the item(s) operate/function.

In particular, noting that you indicate only part 79600 can be preset to a chosen temperature to give the instructions to the heating/cooling system to maintain that chosen temperature, explain how you believe they meet the definition of HTSUS 9032 in Note 7-a to its Chapter 90, i.e., Note 7 - Heading 90.32 applies only to: (a) Instruments and apparatus for automatically controlling the flow, level, pressure or other variables of liquids or gases, or for automatically controlling temperature, whether or not their operation depends on an electrical phenomenon which varies according to the factor to be automatically controlled, which are designed to bring this factor to, and maintain it at, a desired value, stabilized against disturbances, by constantly or periodically measuring its actual value

If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. If your request was submitted electronically and the information required does not involve sending a sample, you can re-submit your request and the additional information electronically.

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 J. Sheridan at 646-733-3012.

Sincerely,

Robert B. Swierupski
Director,

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