CLA-2-84:RR:NC:1:104 A89527
Mr. Chris Kuehler
Archer Freight Systems, Inc.
P.O. Box 460067
San Antonio, Texas 78246-0067
RE: The tariff classification of a Livestock Weighing System from New
Zealand.
Dear Mr. Kuehler:
In your letter dated November 7, 1996, on behalf of Tru- Test, you
requested a tariff classification ruling.
You have submitted literature and a video tape for the Tru-Test 700 Series
Livestock Weighing System. The system consists of two Loadbars and an electronic
digital Indicator. The Loadbars sense the weight and can be used beneath a
platform, crate or squeeze chute for weighing hogs, cattle, deer, exotics,
horses or any variety of livestock. The Loadbars are connected to the Indicator
by cables and the weight measured by the loadcells is sent to the Indicator's
digital display. The scale requires a 12V DC power supply, either from an
external car or motorcycle battery, or from a 110V AC converter. You state that
the weighing system is designed to give an accurate weight on livestock while
moving around on the scale and is for use in herd management, and is distributed
to agricultural concerns.
The applicable subheading for the Livestock Weighing System will be
8423.82.0010, Harmonized Tariff Schedule of the United States (HTS), which
provides for other weighing machinery: having a maximum weighing capacity
exceeding 30 kg but not exceeding 5,000 kg. The rate of duty will be 2.6 percent
ad valorem.
Machinery, equipment and implements to be used for agricultural or
horticultural purposes are provided for under the special classification
provision of subheading 9817.00.5000, HTS. Upon compliance with the actual use
requirements of Section 10.131-139 of the Customs Regulations, the livestock
weighing systems would be classifiable in subheading 9817.00.5000, HTS, and
would be free of duty. You ask for a waiver of the end user certificate. Such a
waiver is not statutorily available. See Section 10.138 of the Customs
Regulations for end user certification procedures.
This ruling is being issued under the provisions of Part 177 of the Customs
Regulations (19 C.F.R. 177).
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 Robert Losche at 212-466-5670.
Sincerely,
Roger J. Silvestri
Director
National Commodity
Specialist Division