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NY C86297

April 29, 1998

CLA-2-85:RR:NC:1: 112 C86297


TARIFF NO.: 8536.20.0020

Mr. Victor M. Morales
Fritz Companies, Inc.
P.O. Box 2050
San Juan, PR 00902

RE: The tariff classification of circuit breakers from the Dominican Republic

Dear Mr. Morales:

In your letter dated March 31, 1998, on behalf of Cutler-Hammer de P.R. Company, you requested a tariff classification ruling.

As indicated by the submitted sample, identified as style No. 7803C08G73, the circuit breakers are electrical main 200 Amp, Single Phase, 120/240 volt AC types.

The applicable subheading for the circuit breakers will be 8536.20.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for automatic circuit breakers. The rate of duty will be 3.2 percent ad valorem.

In your request, you also inquire as to the applicability of both subheading 9802.00.8040, HTS, which provides a duty allowance for articles assembled abroad, in whole or in part, of fabricated components the product of the United States, and the provisions of the Caribbean Basin Economic Recovery Act (CEBRA), which provides for a Free rate of duty for qualifying products.

This office is unable to address these issues since the necessary information has not been provided. With respect to subheading 9802.00.8040, HTS, specific details as to the items subject to the assembly process, as well as a description of the assembly process itself, is required. Applicability of the CEBRA is based on value information as set forth in General Note 7(b), 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 David Curran at 212-466-5680.


Robert B. Swierupski

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