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NY D80997

September 11, 1998

CLA-2-85:RR:NC:1: 112 D80997


TARIFF NO.: 8536.20.0020

Mr. Ricardo M. Ortiz
Fritz Companies, Inc.
P.O. Box 810321
Carolina, PR 00981-0321

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

Dear Mr. Ortiz:

In your letter dated August 24, 1998, on behalf of Cutler-Hammer de P.R. Company, you requested a tariff classification ruling.

As indicated by the submitted samples, identified as styles No. PGBH 2100; GDB 2015; GHC 2050; GHB 2020; and GI2070, the circuit breakers are electrical main 25, 30, 45, and 80 Amp, 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.

Based upon the information provided, the operations performed in the Dominican Republic appear to constitute mere assembly. Accordingly, the circuit breakers in question would be eligible for a duty allowance under subheading 9802.00.8040, HTS. An article entered under this provision is subject to duty upon the full value of the assembled article, less the cost or value of the U.S. components, upon compliance with the documentary requirements of Section 10.24, Customs Regulations (19 C.F.R. 10.24). This office is unable to address the applicability of the CEBRA since the necessary value information set forth in General Note 7(b), HTS has not been provided.

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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