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NY 888592

AUGUST 11, 1993

CLA-2-84:S:N:N3:102 888592


TARIFF NO.: 8414.59.8060; 9817.00.5000

Mr. King Van Nostrand
Elco Freight International, Inc.
The Hemisphere Center
Route 1 & 9 South & Int'l Way
Suite 502
Newark, NJ 07114

RE: The tariff classification of exhaust fans from Italy

Dear Mr. Van Nostrand:

In your letter dated July 22, 1993, on behalf of your client, Eurodemme, you requested a tariff classification ruling.

The items in question are aluminum and steel exhaust fans used in greenhouses for reduction in temperature to aid in the growth of plants during the summer season. The fans have six propeller blades and also contain shutters, which when not in use, remain closed to avoid the loss of warm air in the winter.

The applicable subheading for the exhaust fans will be 8414.59.8060, Harmonized Tariff Schedule of the United States (HTS), which provides for fans, other, other. The rate of duty will be 4.7% ad valorem.

HTS subheading 9817.00.5000, which is free of duty, is the provision covering machinery, equipment and implements to be used for agricultural or horticultural purposes. Subject to actual use certification, in keeping with sections 10.131 - 10.134 of the Customs Regulations, the items classified above would, in the alternative, be classified in subheading 9817.00.5000. 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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