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NY 883576

March 31, 1993

CLA-2-84:S:N:N1:103 883576


TARIFF NO.: 8422.30.9040; 8428.90.0090; 8436.29.0000; 8422.20.0000; 9817.00.5000

Ms. Pam Brown
Cargo U.K., Inc.
4790 Aviation Parkway
Atlanta, GA 30349

RE: The tariff classification of poultry hatchery equipment from France

Dear Ms. Brown:

In your letter dated March 3, 1993 on behalf of Breuil Sharp Automation you requested a tariff classification ruling.

With your inquiry you submitted a brochure describing several individual machines, made of stainless steel, designed to automate the operations of a poultry hatchery. The specific machines you inquired about are:

1. Chick counting and boxing system - counts chicks and softly drops them into a plastic tray box resting on a conveyor.

2. Destackers and stackers - unload the individual tray boxes from piles, or load them into piles, after they have been cleaned.

3. Chick waste separators - separate the chicks from waste materials.

4. Tray box washers - clean the empty tray boxes to maintain sanitary conditions in the hatchery.

Sexing and vaccinating tables, for which you submitted a separate brochure and ruling request, will be covered in a separate ruling letter.

The applicable subheading for the chick counting and boxing system will be 8422.30.9040, Harmonized Tariff Schedule of the United States (HTS), which provides for other machinery for filling...bottles, cans or similar containers. The rate of duty will be 3.6 percent ad valorem.

The applicable subheading for the destackers and stackers will be 8428.90.0090, HTS, which provides for other lifting, handling, loading or unloading machinery: other machinery: other: other. The rate of duty will be 2 percent ad valorem.

The applicable subheading for the chick waste separators will be 8436.29.0000, HTS, which provides for other poultry- keeping machinery. The rate of duty will be free.

Finally, the applicable subheading for the tray box washers will be 8422.20.0000, HTS, which provides for machinery for cleaning or drying bottles or other containers. The rate of duty will be 3.6 percent ad valorem.

Alternatively, if the chick counting and boxing system, aw well as the tray box washers, will be primarily used in a hatchery in an agricultural pursuit, they may be classifiable in the provision for machinery, equipment and implements to be used for agricultural or horticultural purposes in subheading 9817.00.5000, HTS, and free of duty provided the requirements of Sections 10.131 - 10.139, Customs Regulations, are met.

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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