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NY 882222

February 24, 1993

CLA-2-84:S:N:N1:105 882222


TARIFF NO.: 8415.83.0070

Mr. William H. Steere
Manager, U.S. Customs Compliance
Carrier Corporation
P.O. Box 4800
Syracuse, NY 13221

RE: The tariff classification of heat recovery ventilators from Canada

Dear Mr. Steere:

In your letter dated January 28, 1993 you requested a tariff classification ruling.

You enclosed data sheets on three heat recovery ventilators: VA3A, VB5A and VC5A. Heat revoery ventilators are basically heat exchangers that transfer heat from warm, stale and humid air that is about to be expelled from a home to fresh, cold air being drawn from the outside to replace it. The heat recovery core is made of polypropylene. Within the core are two motor-driven fans that control the two air flows. A dehumidistat control allows the user to select the relative humidity level at which the unit would change speed for dehumidification in the winter months. A condensate tray with drain is positioned just below the heat recovery core. A filter installed on the incoming outdoor air stream removes large airborne particles from the intake air stream.

The applicable subheading for the VA3A, VB5A and VC5A Heat Recovery Ventilators will be 8415.83.0070, Harmonized Tariff Schedule of the United States (HTS), which provides for air conditioning machines, comprising a motor-driven fan and elements for changing the temperature and humidity, including those machines in which the humidity cannot be separately regulated, other, not incorporating a refrigerating unit. The rate of duty will be 2.2 percent ad valorem.

Goods classifiable under subheading 8415.83.0070 HTS, which have originated in the territory of Canada, will be entitled to a free rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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