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NY N020981

January 10, 2008



TARIFF NO.: 9032.10.0090

Mr. Frank Gomez
World Exchange, Inc.
8840 Bellanca Ave.
Los Angeles, CA 90045

RE: The tariff classification of a thermostat from an unknown country

Dear Mr. Gomez:

In your letters dated November 15 and December 11, 2007, for Telamon Corportaion, you requested a tariff classification ruling. No sample was provided.

From the information in your December 11 letter, we take it that this fan controller’s only significant function is to give the instructions to fan(s) (not part of the shipment) to increase or decrease their speed (as needed) to bring relatively cooler ambient air into the Digital Subscriber Line Access Multiplexer cabinet. This is to maintain a desired temperature in the cabinet, stabilized against the changes in temperature that would otherwise occur due to the various amounts of heat produced by the equipment in the cabinet at different times. In operation, the temperature of the cabinet will routinely rise to the desired temperature just due to the heat generated in operation. The import will receive continuous measurements of the temperature of the cabinet via thermistor thermometer(s) and apparently does not have inputs for any other information.

It thus meets the definition of HTSUS 9032 in Note 7-a to HTSUS Chapter 90.

It is a thermostat, but we do not consider it to be for an air conditioning, refrigeration or heating system.

The applicable subheading for the this item will be 9032.10.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for thermostats not for air conditioning, refrigeration or heating systems. The general rate of duty will be 1.7 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 J. Sheridan at 646-733-3012.


Robert B. Swierupski

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