CLA-2-84:S:N:N1:105 881844
Mr. Ed Baker
A.N. Deringer, Inc.
30 West Service Road
Champlain, NY 12919-9703
RE: The tariff classification of heat recovery ventilators from
Canada.
Dear Mr. Baker:
In your letter dated January 7, 1993 you requested a tariff
classification ruling on behalf of Venmar Ventilation.
Flair Heat Recovery Ventilators, models 3055, 5585 and 85115
vary in air volume they can handle, but all have the same principle
of operation: heat exchange. Warm, stale and humid air throughout
a house is drawn by the intake fan of the unit through an existing
duct system. As stale air is expelled, the heat recovery
ventilator simultaneously draws in fresh air from the outside,
warming it with heat recovered from the indoor air. Fresh, warm
air is thus released throughout the house. All models include
filters which trap dust particles.
All models also include dehumidistats which sense and regulate
humidity by controlling the speed of the fans and the resulting air
mix. Excess humidity condenses on the polypropylene core and
collects in the condensation tray.
The applicable subheading for all the Flair Heat Recovery
Ventilators listed above will be 8415.83.0070, Harmonized Tariff
Schedule of the United States (HTS), which provides for air
conditioning machines, comprising a motor-driven fan and elements
for changing the temperature and humidity, including those machines
in which the humidity cannot be separately regulated, other, not
incorporating a refrigerating unit. The rate of duty will be 2.2
percent ad valorem.
Goods classifiable under subheading 8415.83.0070 HTS, which
have originated in the territory of Canada, will be entitled to a
free rate of duty under the United States-Canada Free Trade
Agreement (FTA) upon compliance with all applicable regulations.
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