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NY N004023

December 21, 2006



TARIFF NO.: 8537.10.9070

Ms. Heather Ganley
Taco, Inc.
1160 Cranston Street
Cranston, RI 02920

RE: The tariff classification of an electronic control printed circuit board from Canada.

Dear Ms. Ganley:

In your letter dated November 21, 2006, you requested a tariff classification ruling.

The merchandise under consideration is a PC600 Series PowerPort Card (PC) Printed Circuit Board (PCB). The PowerPort Cards are plug in boards used to enhance system integration and performance with Taco’s ZVC Series Zone Valve Controls and SR Series Switching Relay Assemblies. The ZVC and SR Assemblies are controllers used in Heating, Ventilating, and Air Conditioning (HVAC) systems.

The PowerPort Card PCBs are populated with various terminals, relay sockets, contacts, and other active and/or passive components. The PCBs are imported in various configurations, each designed to perform a specific operation such as post purge, priority protection and universal timer/pump exercise to quickly customize any system. The PowerPort Card PCBs are rated for a voltage of up to 120 V.

In your letter you suggest classification under 8534.00.0040, Harmonized Tariff Schedule of the United States (HTSUS), for printed circuits. However, the PowerPort Card PCBs are populated with components other that those obtained during the printing process and do not meet the description of the term “printed circuits” as defined in Chapter 85, Note 4 of the HTSUS. The PowerPort Card PCB is provided for under heading 8537, HTSUS, as apparatus for electric control with two or more electrical apparatus of heading 8536, HTSUS, (i.e. terminals, sockets, contacts, switches, etc.).

The applicable subheading for the PC600 Series PowerPort Card Printed Circuit Boards will be 8537.10.9070, HTSUS, which provides for “Boards, panels, consolesand other bases, equipped with two or more apparatus of heading 8535 or 8536, for electric control or the distribution of electricityFor a voltage not exceeding 1,000 V: Other: Other: Other.” The general rate of duty will be 2.7 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Thomas Campanelli at 646-733-3016.


Robert B. Swierupski

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