NY 859219
Jan. 31, 1991
CLA-2-90:S:N:N1:102 859219
Mr. Paul S. Anderson
Sonnenberg, Anderson, O'Donnell & Rodriguez
200 West Adams Street
Suite 2625
Chicago, Illinois 60606
RE: The tariff classification of models AEW-D and AEW
temperature controllers from the Netherlands.
Dear Mr. Anderson:
In your letter dated December 3l, l990, on behalf of your client,
Multifan, Inc., you requested a tariff classification ruling.
The items in question, Multifan's models AEW and AEW-D
multifunction stall controllers, are solid state temperature
controllers used to maintain temperatures in dairy, swine and poultry
enclosures. The units accomplish this by regulating the amount of
outside air pulled into the animal stalls by the ventilation fans. The
control instruments can monitor and maintain any desired temperature
with maximum and minimum levels of ventilation. Both models can also
control a heating system. The AEW-D is equipped with an alarm system
which is activated if the stall temperature exceeds either the maximum
or minimum levels. The only other difference between the two models is
that the AEW does not have the ability to display the temperature or
indicate that the heating system has been activated.
The applicable subheading for the models AEW and AEW-D will be
9032.89.6040, Harmonized Tariff Schedule of the United States (HTS),
which provides for automatic regulating or controlling instruments and
apparatus; temperature control instruments. The rate of duty will be
4.9 percent ad valorem.
In the alternative, upon the submission of actual use
certification as provided in Sections 10.131 - 10.139 of the Customs
Regulations, the models AEW and AEW-D will be classifiable under
9817.00.5000, HTS. This provision provides for machinery, equipment
and implements to be used for agricultural or horticultural purposes.
The provision is conditionally free of duty.
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