The tariff classification of Thermostat Controlled Circulation Heaters and Chillers from Germany.

N162924 May 13, 2011 CLA-2-84:OT:RR:NC:N1:106 CATEGORY: Classification TARIFF NO.: 8419.89.9585 Ms. Barbara Moore The Janel Group of N.Y., Inc. 150-14 132nd Ave Jamaica, NY 11434 RE: The tariff classification of Thermostat Controlled Circulation Heaters and Chillers from Germany. Dear Ms. Moore: In your letter dated April 21, 2011 you requested a tariff classification ruling for thermostat controlled heaters and chillers, or “thermostats” models: LAUDA Thermostat LSO 8197 LAUDA Thermostat LSO 8253 and LAUDA Thermostat LCK 4864 You state that all three models are used to provide heating and cooling to bath liquids in a laboratory and scientific workplace. The units use refrigeration technology and an integrated heating system to control the temperature of the bath liquids. You also mention that the units can not operate when disassembled. You suggested the classification under the HTS code 8419.50.5000, which provides for “…Laboratory equipment…involving the change of temperature…other than… kind used for domestic purposes…: Heat exchange units: Other”. Explanatory note 84.19 I (B) clearly states that heat exchange units should have a hot fluid and cold fluid travel parallel but opposite paths separated by a thin metal in such manner that one fluid is cooled and the other is heated simultaneously. The applicable subheading for the models LSO 8197 and LSO 8253 will be 8419.89.9585, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “…Laboratory equipment…involving the change of temperature…other than… kind used for domestic purposes…: Other… equipment: Other: Other: For other materials”. The duty rate will be 4.2 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/. Your inquiry does not provide enough information for us to give a classification ruling on model LCK 4864. Your request for a classification ruling should include the following: What voltage does this unit operate on as opposed to LSO 8197 and LSO 8253? What kind of “personal” use does this unit serve in comparison with the larger units? Is it used domestically, in non-laboratory settings? When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you. 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 Mark Palasek at 646-733-3013. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division