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NY H87377

March 1, 2002

MAR-2-84:RR:NC:1:102 H87377


Mr. Robert Moore
Livingston International Consulting Group 5090 Explorer Drive
Mississauga ON Canada LAW 4T9

RE: Correction to NY marking ruling G87425; classification of a shower valve from Canada

Dear Mr. Moore:

In your letter dated January 22, 2002 you requested a correction to a marking ruling issued to you on behalf of your client Delta Faucet Canada.

In NY ruling G87425 we considered the country of origin marking requirements for an imported pressure balanced shower valve, product number 11T5143, incorporating U.S. and Canadian components packaged in Canada. In so doing we found that the valve as exported from Canada is a set of goods put up for retail sale that derives its essential character from the U.S. valve body it incorporates. However, the shower valve, which automatically regulates the temperature of shower water by means of a pressure balance mechanism, was incorrectly classified under subheading 8481.90.9015, Harmonized Tariff Schedule of the United States (HTSUS). Classification of the valve should have been under 8481.80.9015, HTSUS, which is the correct provision for regulator valves.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 Kenneth T. Brock at 646-733-3009.


Robert B. Swierupski

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