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NY A86765

September 17, 1996

CLA-2-93:R:N4:119 A86765


TARIFF NO.: 9303.90.8000; 9817.00.5000

Mr. Bernard F. Swindeman
Applewood Orchards, Inc.
2998 Rodesiler Hwy.
Deerfield, MI 49238

RE: The tariff classification of a hail cannon from New Zealand

Dear Mr. Swindeman:

In your letter dated August 16, 1996 you requested a tariff classification ruling.

The product to be imported is a hail cannon marketed under the name "Hail Banger" which is used to protect crops from being destroyed by hail. The cannon uses compressed acetylene gas as the explosive charge to project a shock wave into the atmosphere at the speed of sound, thus preventing rain droplets from freezing and forming ice crystals or hail. The components being imported are the cone shaped stainless steel barrel mounted on a base and the firing mechanism.

The applicable subheading for the hail cannon will be 9303.90.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for other firearms and similar devices which operate by the firing of an explosive charge... other. The duty rate will be 2 percent.

Machinery, equipment and implements to be used for agricultural or horticultural purposes are provided for under the special classification provision of subheading 9817.00.5000, HTS. Upon compliance with the actual use requirements of Section 10.131-139 of the Customs Regulations, the "Hail Banger" hail cannon would be classifiable in subheading 9817.00.5000, HTS, and would be 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.

If you have any questions pertaining to this matter, please contact National Import Specialist Jacques Preston of this office at (212) 466-5488.


Roger J. Silvestri

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