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NY G82207

October 12, 2000

CLA-2-90:RR:NC:MM:105 G82207


TARIFF NO.: 9032.90.6020

Mr. Mark Kittel
American Shipping Company, Inc.
8140 26th Avenue South
Suite 110
Bloomington, MN 55425

RE: The tariff classification of thermostat guards from Hong Kong or China

Dear Mr. Kittel:

In your letter, dated September 1, 2000, for Global Sourcing, Inc, you requested a tariff classification ruling.

The sample, model number TG511B, is primarily a box about 7 by 6 by 3 inches with a removable back. It has a lock. It is packed in a paperboard box which includes two matching keys and screws, and other hardware to mount it onto a wall. “UNIVERSAL THERMOSTAT GUARD” and a listing of the dozens of thermostat models which it fits is imprinted on the packing. We do not see any other practical use for it. Thermostats are the only common wall-mounted devices for which a locked, tamper resistant case would be saleable.

The packaging also has the name of an American maker and is marked Made in USA. Your importation will not have such, but will be otherwise identical.

You state, “We further request that the information contained herein and the pending binding ruling is treated with confidentiality to the extent it is not published or made available to the general public unless prohibited by law or regulation.”

Customs Regulation 177.10-a does require all classification rulings issued by Customs be published or otherwise made available for public inspection in their entirety, other than for elements determined to be “Privileged or Confidential Information” in accordance with CR 177.2-b-7. You have not indicated that any parts of your submission are privileged or confidential. Therefore, this letter, but not your letter, will be made available to the public.

We agree that the applicable subheading for this item will be 9032.90.6020 , Harmonized Tariff Schedule of the United States (HTS), which provides for parts and accessories of thermostats. 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).

The sample is being returned to you in a separate mailing.

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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