CLA-2-90:S:N:N3:102 890424
Mr. Erik D. Weiss
Grunfeld, Desiderio, Lebowitz & Silverman
245 Park Avenue
New York, N.Y. 10167-0002
RE: The tariff classification of the "AquaSaver"
agrometeorological weather station from France
Dear Mr. Weiss:
In your letter dated September 21, 1993, on behalf of your
client, Water Concern Company Limited, you requested a tariff classification
ruling.
The AquaSaver is an agrometeorological weather station which
determines the real evapo-transpiration (rate of loss) of water from soil
and vegetation cover over an area of land. The station consists of a data
acquisition center housed in a stainless steel box, a pole and support
braces from which to mount sensors. The sensors include a pyrradiometer
for net radiation measurement, two anemometers for wind speed, a
ventilated psychrometer for ambiant and wet temperature, two ventilated
temperature sensors for differential measurement of ambiant temperature, a
weathervane for wind direction, a rain gauge for rainfall measurement, two
ground temperature sensors, a fluxmeter and a barometer. The two models
involved in this request, the Golf and the Agro, differ somewhat in the
number and type of sensors, as well as physical configuration. Their main
functions are identical.
The applicable subheading for the AquaSavers will be 9015.80.8080,
Harmonized Tariff Schedule of the United States (HTS), which provides for
other surveying, hydrographic, oceanographic, hydrological, meteorological
or geophysical instruments and apparatus, other. The rate of duty will be
4.9 percent ad valorem.
HTS subheading 9817.00.5000, which is free of duty, is the provision
covering machinery, equipment and implements to be used for agricultural
or horticultural purposes. Subject to actual use certification, in
keeping with sections 10.131 - 10.134 of the Customs Regulations, the
items classified above would, in the alternative, be classified in
subheading 9817.00.5000.
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