NY 859991
FEB. 12, 1991
CLA-2-90:S:N:N1:102 859991
Mr. Paul S. Anderson
Sonnenberg, Anderson, O'Donnell & Rodriguez
200 West Adams Street
Suite 2625
Chicago, Illinois 60606
RE: The tariff classification of models ETD10-5K and ET10-5K
temperature controllers from the Netherlands.
Dear Mr. Anderson:
In your letter dated January 25, l991, on behalf of your
client, Multifan, Inc., you requested a tariff classification
ruling.
The items in question, Multifan's models ETD10-5K and ET10-
5K thermostats, are solid state temperature controllers used to
maintain temperatures in dairy, swine and poultry confinement
facilities. The units accomplish this by both regulating the
amount of outside air pulled into the animal stalls by the
ventilation fans, and by direct control of the heating system.
The control instruments can monitor and maintain any desired
temperature and activate an alarm should it exceed maximum or
minimum levels. The principal difference between the two models
is that the ET10-5K does not have a digital display, an alarm
feature nor an automatic building cool-down feature.
The applicable subheading for the models ETD10-5K and ET10-
5K will be 9032.10.0030, Harmonized Tariff Schedule of the United
States (HTS), which provides for automatic regulating or
controlling instruments and apparatus; thermostats for air
conditioning, refrigeration or heating systems, designed for wall
mounting. The rate of duty will be 4.8 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 ETD10-5K and ET10-5K 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