The tariff classification of a forced air convection heater from The United Kingdom.

NY R00452 June 24, 2004 CLA-2-85:RR:NC:N1:113 R00452 CATEGORY: Classification TARIFF NO.: 8516.29.0090 Mr. Holger Hartmaier DBK USA Inc. 1776 Mentor Avenue, Suite 410 Cincinnati, OH 45212 RE: The tariff classification of a forced air convection heater from The United Kingdom. Dear Mr. Hartmaier: In your letter dated June 9, 2004, you requested a ruling on tariff classification. The merchandise is the Cirrus line of forced air convection heaters. The heaters consist of a ceramic heating element installed into a housing and attached to a fan. They will be used in outdoor enclosures or for the deicing of control panels such as on ATMs and credit card machines. In your letter, you suggest that the merchandise be classified in heading 8516.80, HTS, as a heating element. The article, however, is not simply an element, but is an appliance with a housing and fan. The applicable subheading for this product will be 8516.29.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for electric space heating apparatus, other, other. The general rate of duty will be 3.7 percent ad valorem. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R.). 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 James Smyth at 646-733-3018. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division