CLA-2-84:RR:NC:MM:106 G81882

Mr. Keith La Rue
Thermacore, Inc.
777 E. MacArthur Cir. Ste 1
Tucson, AZ 85714

RE: The tariff classification of a heat pipe from Mexico

Dear Mr. La Rue:

In your letter dated August 30, 2000 you requested a tariff classification ruling. You submitted a sample with your request.

The article in question, an assembly construct described by you as a "heat pipe heat exchanger", part number 0001964, is used to dissipate heat generated in the processor of unspecified laptop computers. In operation, it is stated that heat generated by the computer's processor is transferred through the flattened plate of the assembly to the tubular portion of the article. The tube contains water which draws the processor heat to the finned portion of the assembly where the heat is transferred to the environment from the fins. While employing the heat exchange principle, this article is not a heat exchanger for tariff purposes, as you suggest, since the article does not house hot and cold fluids made to traverse parallel paths.

The applicable subheading for the heat pipe assembly will be 8419.89.9040, Harmonized Tariff Schedule of the United States (HTS), which provides for other machinery, plant or laboratory equipment for the treatment of materials involving a change of temperature, other, designed for coolong. The general rate of duty will be 4.2 percent ad valorem.

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 Patrick J. Wholey at 212-637-7036.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division