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NY K82437

February 20, 2004
CLA-2-85:RR:NC:1:112 K82437


TARIFF NO.: 8536.50.90; 8536.30.4000

Mr. Mark Schmittling
CORTEZ Customhouse Brokerage Company
4950 West Dickman Road
Battle Creek, MI 49015

RE: The tariff classification of switches and sensors from Japan

Dear Mr. Schmittling:

In your letter dated January 15, 2004, on behalf of Merycon Corporation, you requested a tariff classification ruling.

As indicated by the submitted descriptive literature, there are four specific items in question, identified as the UT15 series thermo switches, the UP series motor protectors, the UG series sensors, and the IT series internal thermostats. The thermo switches are used to cut power to an automobile compressor when the operating temperature exceeds the predetermined level. The motor protectors provide for overload protection to electrical motors so as to prevent electrical damage. The sensors function as switches to turn off a power supply in the event of unwarranted tilting or vibration.

The applicable subheading for the UT15 series thermo switches and the UG series sensors will be 8536.50.90, Harmonized Tariff Schedule of the United States (HTS), which provides for other electrical switches: Other: Other. The rate of duty will be 2.7 percent ad valorem. The applicable subheading for the UP series motor protectors will be 8536.30.4000, HTS, which provides for motor overload protectors. The rate of duty will be 2.7 percent ad valorem.

You suggest classification under heading 8414, HTS, for the thermo switches and motor protectors. This heading is inapplicable since these products are more specifically provided for in heading 8536, HTS.

Your inquiry does not provide enough information for us to give a classification ruling on the IT series internal thermostats. Your request for a classification ruling should include more specific details as to the physical construction of the thermostats and how they perform their function. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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 646-733-3017.


Robert B. Swierupski

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