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NY 869291

DECEMBER 16 1991

CLA-2-94:S:N:N1:233 869291


TARIFF NO.: 9403.10.0040

Mr. Neil Harfert
Agripo Produce Dispensing Systems
P.O. Box 78504
Boulder, CO 80308-8504

RE: The tariff classification of a root vegetable hopper/display from Sweden.

Dear Mr. Harfert:

In your letter dated November 14, 1991, you requested a tariff classification ruling.

The furniture item consists of a root vegetable hopper/display. It is composed of a base unit which will be located on the store floor and a rolling hopper that can be filled with vegetables. The base unit is constructed mainly of sheet metal and sheet tubing. Additional materials would include an electrical motor, an aluminum gear box, a chain which lifts the hopper safety sensors, an up/down switch, and a power cord. The hopper is composed mainly of treated plywood sheets which form the hopper and are held together with metal joints. A stainless steel base supports four ball bearing wheels.

The base unit's main functions are 1) to lift the hopper to a height where the produce can easily be gravity fed onto a display/serving tray and 2) provide for a constant supply of vegetables on the display/serving tray by means of gravity feeding. The hoppers' main function is to hold the vegetables and reduce the vegetables exposure to light. The items are ordered and shipped together in the same carton and are intended to be used with each other. The items are put up together for retail sale and by assembly they become a completed article. They are treated as a single article for classification purposes. The product's complete designation is a "produce dispenser" and is designed to stand on the floor or ground.

The applicable subheading for the metal root vegetable hopper/display will be 9403.10.0040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other furniture and parts thereof, other metal furniture, other, other. The rate of duty will be 4 percent ad valorem.

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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