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NY N019868




December 11, 2007

CLA-2-85:OT:RR:E:NC:1:102

CATEGORY: CLASSIFICATION

TARIFF NO.: 8516.21.0000

Mr. Troy D. Crago
Atico International USA, Inc.
501 South Andrews Ave.
Fort Lauderdale, FL 33301

RE: The tariff classification of an oil-filled radiator heater from China

Dear Mr. Crago:

In your letter dated November 16, 2007 you requested a tariff classification ruling on behalf of Walgreens.

The item you plan to import is described as an oil-filled radiator heater, Item Number A014BA00168. This portable electric heater measures approximately 14 inches in length, 7 inches in width and 25 inches in height. It features three heat settings and an adjustable thermostat that helps maintain desired comfort level.

You suggest classification of the radiator heater under subheading 8516.29.0060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other electric space heating apparatus. However, because the oil with which the radiator is filled allows the radiator to store heat, we find the radiator heater is more specifically provided for elsewhere in heading 8516, HTSUS.

The applicable subheading for the oil-filled radiator will be 8516.21.0000, HTSUS, which provides for storage heating radiators. The rate of duty is free.

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 Kenneth T. Brock at 646-733-3009.

Sincerely,

Robert B. Swierupski
Director,

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