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NY 859219

Jan. 31, 1991

CLA-2-90:S:N:N1:102 859219


TARIFF NO.: 9032.89.6015, 9817.00.5000

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.


Jean F. Maguire
Area Director

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