CLA-2-73:S:N:N3:113 883972

Mr. James Barbeau
A. N. Deringer, Inc.
P.O. Box 43
Massena, NY 13662

RE: The tariff classification of unit heaters, door heaters and coils from Canada

Dear Mr. Barbeau:

In your letter dated March 16, 1993, on behalf of Armstrong Hunt, Inc., you requested a tariff classification ruling.

The merchandise is unit heaters and door heaters, and the coils designed to be used with them. They are used in industrial buildings to heat the entire building or the area around entrance ways. The heaters consist of a heavy duty enclosure containing finned tubing, a grille and a fan. They are designed to be connected to a source of heat, either steam or liquid, by piping. Door heaters are identical to unit heaters, except for a high- velocity nozzle which directs the air flow to heat the door area precisely.

The applicable subheading for the heaters will be 7322.90.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for air heaters and hot air distributors...not electrically heated, incorporating a motor driven fan or blower. The rate of duty will be 4.2 percent ad valorem. Goods classifiable under subheading 7322.90.0030, HTS, which have originated in the territory of Canada, will be entitled to a 2.1 percent rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

Your inquiry does not provide enough information for us to give a classification ruling on the coils. Your request for a classification ruling should include, in addition to grade/chemistry, construction (ERW, seamless) and wall thickness. Also provide outside diameter dimensions. Finned or gilled tubes of iron or steel are classifiable under the appropriate subheadings for tubes and pipes of iron and steel in Chapter 73, HTS. Please submit a separate ruling request for these tubes, limiting each ruling to 5 types of tubes. 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