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NY 881534

January 19, 1993

CLA-2-84:S:N:N1:103 881534


TARIFF NO.: 8422.30.9090

Ms. Dody Trombley
F.W. Myers & Co., Inc.
P.O. Box 188
Champlain, NY 12919

RE: The tariff classification of a vacuum packaging machine from Canada

Dear Ms. Trombley:

In your letter dated December 21, 1992 on behalf of Hi-Tech Vacuum Inc. you requested a tariff classification ruling.

The Hi-Tech vacuum packaging machine is used to seal food products into leak-proof bags in order to preserve the food product and maintain its freshness for a longer period of time. The machine incorporates an aluminum and steel housing, an aluminum sealing chamber coated with an anti-corrosive stainless steel finish, a pump capable of rapidly removing air, two heated 19-inch sealing bars, and a clear plexiglass lid which prevents air leaks. The microprocessor controller automatically determines the ideal vacuum and will not let the sealing operation commence until a residual oxygen level of 2 percent is reached. The controller also accommodates manual and partial automatic settings, as well as an optional gas flushing mode. The vacuum packaging machine is 26 inches long, 22 inches wide, and 20 inches high.

The applicable subheading for the Hi-Tech vacuum packaging machine will be 8422.30.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for machinery for filling, closing, sealing, capsuling or labeling boxes, bags, or similar containers: other. The duty rate will be 3.6 percent ad valorem.

Goods classifiable under subheading 8422.30.9090, HTS, which have originated in the territory of Canada, will be entitled to a free rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

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.

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