CLA-2-85:RR:NC:1: 112 C88935
Mr. Ricardo M. Ortiz
Fritz Companies, Inc.
P.O. Box 810321
Carolina, PR 00981-0321
RE: The tariff classification of circuit breakers from the Dominican
Republic
Dear Mr. Ortiz:
In your letter dated June 12, 1998, on behalf of Cutler-
Hammer de P.R. Company, you requested a tariff classification ruling.
As indicated by the submitted sample, identified as style No. GHC1030, the
circuit breakers are electrical main 25, 30, 45, and 80 Amp, 120/240 volt AC
types.
The applicable subheading for the circuit breakers will be 8536.20.0020,
Harmonized Tariff Schedule of the United States (HTS), which provides for
automatic circuit breakers. The rate of duty will be 3.2 percent ad valorem.
In your request, you also inquire as to the applicability of both
subheading 9802.00.8040, HTS, which provides a duty allowance for articles
assembled abroad, in whole or in part, of fabricated components the product of
the United States, and the provisions of the Caribbean Basin Economic Recovery
Act (CEBRA), which provides for a Free rate of duty for qualifying products.
Based upon the information provided, the operations performed in the
Dominican Republic appear to constitute mere assembly. Accordingly, the circuit
breakers in question would be eligible for a duty allowance under subheading
9802.00.8040, HTS. An article entered under this provision is subject to duty
upon the full value of the assembled article, less the cost or value of the U.S.
components, upon compliance with the documentary requirements of Section 10.24,
Customs Regulations (19 C.F.R. ยง10.24). This office is unable to address the
applicability of the CEBRA since the necessary value information set forth in
General Note 7(b), HTS has not been provided.
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 212-466-5680.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division