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March 10, 1999

CLA-2-90:RR:NC:MM:105 D88930


TARIFF NO.: 9032.10.0090

Mr. Robert J. Resetar
Porsche Cars North America, Inc.
980 Hammond Drive, Suite 1000
Atlanta, GA 30328

RE: The tariff classification of an Air Vent Control Unit from Germany

Dear Mr. Resetar:

In your letter, dated March 2, 1999, you requested a tariff classification ruling.

The unit, consisting primarily of printed circuits inside a metal box, receives information from a temperature sensor inside the engine compartment and sends an electric signal to a motor which adjusts the flaps on an air duct into the engine compartment. Since it receives only temperature information, the decision to adjust the flaps is determined by that temperature. If the compart?ment is getting too hot, the vents are opened to let in the cooling external air. As that action cools it off, the vents will be closed proportionally in a feed-back loop. The unit thus ensures, via its signal to the duct motor, that the engine compartment stays in the range of its safe operating temperature without excessive venting.

The device is, thus, essentially a thermostat. Per the Explanatory Notes to 9032, a thermostat or other automatic regulator lacking its sensors is an Aincomplete@ device, thus classified as if it were complete, noting HTS General Rule of Interpretation 2-a.

Neither the motor, nor the vents, nor the temperature sensor will be part of the import.

You suggested classification in 8537, but Note 1-m to HTS Section 16 excludes from it the articles of Chapter 90. You also suggested classification in 9032.89, but Athermostats@ is more specific than Aother instruments and apparatus.@

The applicable subheading for this item will be 9032.10.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for thermostats not for air conditioning, refrigeration or heating systems. The general rate of duty will be 1.7 percent ad valorem.

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 James Sheridan at 212-637-7037.


Robert B. Swierupski
National Commodity

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