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NY K81900

December 31, 2003
CLA-2-84:RR:NC:1:104 K81900


TARIFF NO.: 8415.10.3040; 8415.10.3060

Mr. Craig M. Schau
Menlo Worldwide Trade Services
6940 Engle Road, Suite A
Middleburg Heights, OH 44130

RE: The tariff classification of heater/cooler units (room air conditioners) from China

Dear Mr. Schau:

In your letter dated December 8, 2003 on behalf of Electrolux Home Products, Inc. of Middletown, Pennsylvania you requested a tariff classification ruling.

You have submitted an owner’s guide to rotary control air conditioner models FAH08EN1T, FAH10EN2T and FAH12EN2T. (Cooling capacities are respectively 8,000, 10,000 and 12,000 BTU’s per hour.) All of these models are self-contained units, the only major difference being their cooling and heating capacity. They can be installed in either a window space or through an outside wall in both residential and commercial buildings. Each unit has a thermostat, selector control and a power supply cord with a 3-prong ground plug. The thermostat controls the amount of cooling or heating by automatically turning on the compressor or heater. The selector control allows the option of either cooling room air, circulating room air at the existing temperature, or heating room air.

The applicable subheading for the above rotary control room air conditioners will be 8415.10.30, Harmonized Tariff Schedule of the United States (HTS), which provides for air conditioning machines, comprising a motor-driven fan and elements for changing the temperature and humidity, including machines in which the humidity cannot be separately regulated ...: window or wall types, self-contained or "split-system": self-contained. (Statistical suffix 40 applies to models FAH08EN1T and FAH10EN2T and 60 to model FAH12EN2T.) The rate of duty will be free.

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 Robert Losche at 646-733-3011.


Robert B. Swierupski

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