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NY 857371

Nov 8 1990

CLA-2-85:S:N:N1:113 857371


TARIFF NO.: 8516.29.0090

Mr. Tony J. Bladies
Border Brokerage Co.
12 Pacific Highway
Blaine, WA 98230

RE: The tariff classification of a Nuheat System from Canada

Dear Mr. Bladies:

In your letter dated October 19, 1990, on behalf of Roc-Crete Industries, Ltd., Vancouver, BC, you requested a tariff classification ruling.

The entire system consists of the heating mat which contains shielded resistance wire sandwiched between two layers of a non-woven bi-filament polymer sheeting, which is connected with a sealed connection to a 6 foot length of flat connecting cable. It also contains the connecting hardware which consists of a junction box, transition connection for the flat connecting cable, cover plate for the junction box, and a top shield for the connecting cable(a strip of sheet metal). The system is approved for use under floor coverings and does not require the protection of a cement or gypsum mortar bed to cover the heating element.

The applicable subheading for the Nuheat System will be 8516.29.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for electric space heating apparatus; other. The duty rate will be 3.7 percent ad valorem.

Goods classifiable under subheading 8516.29.0090, HTS, which have originated in the territory of Canada, will be entitled to a 2.2 percent ad valorem 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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