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NY C81208

November 12, 1997

CLA-2-90:RR:NC:1:105 C81208


TARIFF NO.: 9802.00.8040; 9032.90.6020

Edmundo Rodriguez
Nestor Reyes, Inc.
P.O. Box 9023474
San Juan, PR 00902-3474

RE: The tariff classification of thermostat parts from the Dominican Republic

Dear Mr. Rodriguez:

In your letter dated October 24, 1997, you requested a tariff classification and Caribbean Basin Initiative (CBI II) ruling on behalf of Emerson Puerto Rico, Inc.

All three items are parts which will be used in the manufacture of electromechanical thermostats. Items 001-059400 and 001-059500 are arm assemblies consisting of a plastic arm and one or more metal springs and rivets. Item 002-051996 is an armature assembly consisting of a plastic arm and indicator, a metal bracket, eyelet, pin, and bimetallic coil, plus a carton and label. Your letter states that all three items "...are assembled 100% from U.S./P.R. components..." We assume this means that there will not be any non-U.S. origin materials other than water used in their assembly in the Dominican Republic and therefore, the three items will satisfy the CBI II eligibility requirements of the Tariff Note cited in the following paragraph.

We assume you will be able to provide the ports at which you enter these items with whatever documents or other evidence they deem necessary to meet the conditions of Chapter 98, Subchapter II, U.S. Note 2(b). In order to help you provide the necessary information, we suggest you contact the ports where entry will be made and/or the U.S. Customs Andean/CBI Help Desk at Miami International Airport at (305) 869-2804/2815 prior to shipment of the goods.

The applicable subheading for all three items will be 9802.00.8040, Harmonized Tariff Schedule of the United States (HTS), which provides for articles...assembled abroad in whole or in part of fabricated components, the product of the United States, which (a) were exported in condition ready for assembly without further fabrication, (b) have not lost their physical identity in such articles by change in form, shape or otherwise, and (c) have not been advanced in value or improved in condition abroad except by being assembled and except by operations incidental to the assembly process such as cleaning, lubricating and painting.

In accordance with Statistical Note 2 of the above cited Subchapter, you must split out, on the Customs entries of the three items, "the dutiable value, i.e., the total value of the articles less the value of the U.S. fabricated components" and assign to it the classification that would ordinarily apply in the absence of U.S. Note 2(b) to that Subchapter. Note that in this context, there is no duty actually payable on this "dutiable value." The ordinarily applicable subheading for the three items would be 9032.90.6020, HTS, which provides for parts and accessories of automatic regulating or controlling instruments and apparatus, other.

Items classified in HTS 9802.00.8040 do not require any country of origin marking when imported into the U.S.

Merchandise Processing Fees described in 19 CFR 24.13 do not apply to this merchandise.

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

A copy of this 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 this ruling, contact National Import Specialist Eric Francke at (212) 466-5669.


Robert B. Swierupski
Chief, Metals and Machinery Branch National Commodity Specialist Division

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