CLA-2-85:RR:NC:1:112 D83656

Mr. Thomas J. O'Donnell
O'Donnell, Byrne & Williams
20 North Wacker Drive
Chicago, IL 60606

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of control devices from Mexico; Article 509

Dear Mr. O'Donnell:

In your letter dated October 14, 1998, on behalf of Digital Appliance Controls, Inc., you requested a ruling on the status of control devices from Mexico under the NAFTA.

As indicated by the submitted samples, and as specified in your submission, there are four types of control devices in question. The first, identified as the "Meteor", is used with electric stoves and gas ranges and controls the functions involved in cooking and heating food. It consists of a printed circuit board populated with various components and a display panel. The circuit board and display are housed in a steel chassis, with a touch pad overlaying the outer surface of the chassis. The second device, identified as the "Vela", is used in a washing machine and controls motor speed and direction. It also consists of a printed circuit board populated with components and several terminals for electrical connection.

Both model numbers 00N00440001 and 00N00450001 are used with kitchen mixers and control the various functions of the mixers. The sample provided (model 00N00450001) consists of a printed circuit board with components and four lead wires with attached terminals.

The applicable tariff provision for the "Meteor" control device will be 8537.10.3000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for boards, panels, ..., for electric control or the distribution of electricity, ...: For a voltage not exceeding 1,000 V: Assembled with outer housings or supports for the goods of headings 8421, 8422, 8450 or 8516. The general rate of duty will be 3.2 percent ad valorem.

The applicable tariff provision for the "Vela", the model 00N00440001, and the model 00N00450001 control devices will be 8537.10.9070, HTSUSA, which provides for other boards, panels, ..., for electric control or the distribution of electricity, ...: For a voltage not exceeding 1,000 V. The general rate of duty will be 3.2 percent ad valorem.

Each of the non-originating materials used to make the control devices has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/85.121. The control devices will be entitled to a Free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

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,

Robert B. Swierupski
Director,
National Commodity
Specialist Division