CLA-2-90:S:N:N3:102 883329
Mr. Ed Baker
A.N. Deringer, Inc.
30 West Service Road
Champlain, N.Y. 12919-9703
RE: The tariff classification of the TC1-CD agricultural
thermostat from Canada
Dear Mr. Baker:
In your letter dated March 1, 1993, on behalf of your client,
Thevco Electronics, Inc., you requested a tariff classification
ruling.
The item in question is the model TC1-CD agricultural
temperature controller. This solid state device measures ambient
temperature levels and activates either cooling fans or heaters in
order to maintain a set temperature in livestock areas. The unit
contains a digital display that shows both set temperature and
measured temperature, and utilizes a remote temperature sensor.
The applicable subheading for the TC1-CD thermostat will be
9032.10.0060, Harmonized Tariff Schedule of the United States
(HTS), which provides for automatic regulating or controlling
instruments and apparatus; thermostats for air conditioning,
refrigeration or heating systems. The duty rate will be 4.8
percent ad valorem.
HTS subheading 9817.00.5000, which is free of duty, is the
provision covering machinery, equipment and implements to be used
for agricultural or horticultural purposes. Subject to actual use
certification, in keeping with sections 10.131 - 10.134 of the
Customs Regulations, the items classified above would, in the
alternative, be classified in subheading 9817.00.5000.
Goods classifiable under subheading 9032.10.0060, HTS, which
have originated in the territory of Canada, will be entitled to a
free rate of duty under the United States-Canada Free Trade
Agreement (FTA) upon compliance with all applicable regulations.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport