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NY N013775




July 23, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 9032.10.0060

Ms. Lesa Gibbs
II Stanley
1500 Hill Brady Rd.
Battle Creek, MI 49037

RE: The tariff classification of temperature controls from China

Dear Ms. Gibbs:

In your letter dated July 3, 2007, you requested a tariff classification ruling. No sample was provided.

Your letter responds to our questions regarding your two model number 79500 items in New York Ruling Letter N012595-105, 7-2-07.

You state: “The difference between 79600 and 79500 is that 79600 will maintain a certain temperature and 79500 will maintain a certain temperature setting. For example: 79600 will maintain a 70 degree temperature if that is what the heater control was set to. 79500 will maintain a hot heat setting with the fan on high if that is what the heater control was set to.”

From that, we take it that both do give the instruction to turn the fan on and off to maintain a chosen temperature level, but that the users of the 79600 will choose a numerical temperature.

      You again propose classification in HTSUS 9032.89.6040. However, as we stated in N012595, the subheading of Thermostats for 9032.10 is clearly more specific than the equally indented Other for 9032.89.

The applicable subheading for the two 79500’s 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.

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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