CLA-2-85:RR:NC:1: 112 D80997
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 August 24, 1998, on behalf of Cutler-Hammer de P.R. Company, you requested a tariff classification
ruling.
As indicated by the submitted samples, identified as styles
No. PGBH 2100; GDB 2015; GHC 2050; GHB 2020; and GI2070, 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.
10.24). 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