CLA-2-84:S:N:N1:103 883576
8422.20.0000; 9817.00.5000
Ms. Pam Brown
Cargo U.K., Inc.
4790 Aviation Parkway
Atlanta, GA 30349
RE: The tariff classification of poultry hatchery equipment from
France
Dear Ms. Brown:
In your letter dated March 3, 1993 on behalf of Breuil Sharp
Automation you requested a tariff classification ruling.
With your inquiry you submitted a brochure describing
several individual machines, made of stainless steel, designed to
automate the operations of a poultry hatchery. The specific
machines you inquired about are:
1. Chick counting and boxing system - counts chicks and
softly drops them into a plastic tray box resting on a conveyor.
2. Destackers and stackers - unload the individual tray
boxes from piles, or load them into piles, after they have been
cleaned.
3. Chick waste separators - separate the chicks from waste
materials.
4. Tray box washers - clean the empty tray boxes to
maintain sanitary conditions in the hatchery.
Sexing and vaccinating tables, for which you submitted a separate
brochure and ruling request, will be covered in a separate ruling
letter.
The applicable subheading for the chick counting and boxing
system will be 8422.30.9040, Harmonized Tariff Schedule of the
United States (HTS), which provides for other machinery for
filling...bottles, cans or similar containers. The rate of duty
will be 3.6 percent ad valorem.
The applicable subheading for the destackers and stackers
will be 8428.90.0090, HTS, which provides for other lifting,
handling, loading or unloading machinery: other machinery: other:
other. The rate of duty will be 2 percent ad valorem.
The applicable subheading for the chick waste separators
will be 8436.29.0000, HTS, which provides for other poultry-
keeping machinery. The rate of duty will be free.
Finally, the applicable subheading for the tray box washers
will be 8422.20.0000, HTS, which provides for machinery for
cleaning or drying bottles or other containers. The rate of duty
will be 3.6 percent ad valorem.
Alternatively, if the chick counting and boxing system, aw
well as the tray box washers, will be primarily used in a
hatchery in an agricultural pursuit, they may be classifiable in
the provision for machinery, equipment and implements to be used
for agricultural or horticultural purposes in subheading
9817.00.5000, HTS, and free of duty provided the requirements of
Sections 10.131 - 10.139, Customs Regulations, are met.
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