CLA-2-85:R:N1: 112 815260

Ms. Maureen E. Monin

Emery Customs Brokers

6940C Engle Road

Middleburg Heights, OH 44130

RE: The tariff classification of motor protectors from England

Dear Ms. Monin:

In your letter dated September 26, 1995, on behalf of Emerson Electric Co., and Therm-

O-Disc, Inc., you requested a tariff classification ruling.

As indicated in the descriptive literature and submitted samples, these motor protectors consist of the 14M, 20M, and 30M models. When the operating temperature of a motor exceeds the acceptable level, the heat generated causes a bimetal disc within the protector to snap at a specified calibration temperature. This allows the circuit to open within the maximum safe limits of the motor windings. Once the motor returns to a normal operating temperature, the bimetal disc resets, thus closing the circuit and reestablishing the electric current.

The applicable subheading for the motor protectors will be 8536.30.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for motor overload protectors, for a voltage not exceeding 1000 V. The rate of duty will be 4.8 percent ad valorem.

This ruling is being issued under the provisions of Section 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,

Roger J. Silvestri

Director

National Commodity

Specialist Division