CLA-2-84:S:N:N1:102 867556

Mr. John E. Engelberger
Enerjee, Inc.
32 S. Lafayette Avenue
Morrisville, PA 19067

RE: The tariff classification of a three-way, thermostatically actuated by-pass valve from Germany

Dear Mr. Engelberger:

In your letter dated October 1, 1991 you requested a tariff classification ruling. The item at hand is a brass, three-way valve, with non- electric thermostatic actuator, designed to be installed in either new or retrofit applications, to permit zone temperature control of individual rooms. The valve is installed in-line on the copper hot water tube that feeds a fin-tube baseboard radiator. As room temperature approaches the desired level, the liquid-filled thermostatic actuator gradually causes the valve to shut off the supply of heated water to the radiator. This water is alternately routed through a secondary copper tube to supply the rest of the heating system. In this way each room can be heated to individual preferences.

The applicable subheading for the 3-way thermostatic by-pass valve will be 8481.80.9045, Harmonized Tariff Schedule of the United States (HTS), which provides for taps, cocks, valves and similar appliances, with thermostatic actuators. The rate of duty will be 3.7 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 this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport