The tariff classification and status under the North American Free Trade Agreement (NAFTA), of Linear Proportional Load Controllers (LPLCs) from Mexico; Article 509

NY F83421 March 31, 2000 CLA-2-85:RR:NC:MM:109 F83421 CATEGORY: Classification TARIFF NO.: 8504.40.9580 Ms. Heather Litman Stein, Shostak, Shostak & O’Hara Suite 1200 515 South Figueroa Street Los Angeles, CA 90071-3329 RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of Linear Proportional Load Controllers (LPLCs) from Mexico; Article 509 Dear Ms. Litman: In your letter dated February 1, 2000, you requested a ruling on the status of Linear Proportional Load Controllers from Mexico under the NAFTA. The merchandise is described in your letter and attached descriptive literature as Linear Proportional Load Controllers (LPLCs), Model Nos. 5LPCV2440 and 10LPCV24110. Samples were provided with request. Information on the functioning of these devices was also clarified by Mr. Ismael Talancon, of Crydom de Mexico S.A. de C.V. in a teleconference on March 3, 2000. Silicon Power obtains these two models of LPLCs from Crydom de Mexico S.A. de C.V., who assembles them in Tijuana, Mexico. These devices are principally used to control lighting and heating units. Changes in the input signal linearly vary the firing angle of the thyristor based load control device. Each device has a dc control voltage input and a 20 Vac input. When the control voltage is varied between 0-5 Vdc and 0-10 Vdc respectively the power output to the load is proportionally increased. These devices do not contain any sensors or feedback circuits from the load. The comparator, contained in each device, only compares the input and output of the device itself. Each device contains two subassemblies: the control circuitry or PCB assembly and the power switch or Heatsink assembly. The control circuitry (PCB assembly) contains resistor, capacitors, diodes, transistors, a volt regulator, a comparator, a PCB Control, an optocoupler, etc. The power switch (Heatsink assembly) contains two SCR (silicon controlled rectifiers/thyristors), lead gate, base plate, etc. The Heatsink assembly contains two silicon-controlled rectifiers that are required to maintain alternating current polarity of the electrical output. Detailed information was submitted on the components used to manufacture each LPLC. The country of origin of each component has been provided. The majority of the components are of U.S. or Mexican origin. Based on the submitted information, the non-originating components undergo the required change in tariff classification. The applicable tariff provision for the Linear Proportional Load Controllers (LPLCs), Model Nos. 5LPCV2440 and 10LPCV24110, will be 8504.40.9580, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for “[s]tatic converters: [o]ther: [o]ther.” The general rate of duty will be 1.5%. Each of the non-originating materials used to make the Linear Proportional Load Controllers (LPLCs) has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/85.6(A). The Linear Proportional Load Controllers (LPLCs), Model Nos. 5LPCV2440 and 10LPCV24110 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 Eileen S. Kaplan at 212-637-7048. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division