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NY A89527


November 25, 1996

CLA-2-84:RR:NC:1:104 A89527

CATEGORY: CLASSIFICATION

TARIFF NO.: 8423.82.0010;9817.00.5000

Mr. Chris Kuehler

Archer Freight Systems, Inc.

P.O. Box 460067

San Antonio, Texas 78246-0067

RE: The tariff classification of a Livestock Weighing System from New Zealand.

Dear Mr. Kuehler:

In your letter dated November 7, 1996, on behalf of Tru- Test, you requested a tariff classification ruling.

You have submitted literature and a video tape for the Tru-Test 700 Series Livestock Weighing System. The system consists of two Loadbars and an electronic digital Indicator. The Loadbars sense the weight and can be used beneath a platform, crate or squeeze chute for weighing hogs, cattle, deer, exotics, horses or any variety of livestock. The Loadbars are connected to the Indicator by cables and the weight measured by the loadcells is sent to the Indicator's digital display. The scale requires a 12V DC power supply, either from an external car or motorcycle battery, or from a 110V AC converter. You state that the weighing system is designed to give an accurate weight on livestock while moving around on the scale and is for use in herd management, and is distributed to agricultural concerns.

The applicable subheading for the Livestock Weighing System will be 8423.82.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for other weighing machinery: having a maximum weighing capacity exceeding 30 kg but not exceeding 5,000 kg. The rate of duty will be 2.6 percent ad valorem.

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 livestock weighing systems would be classifiable in subheading 9817.00.5000, HTS, and would be free of duty. You ask for a waiver of the end user certificate. Such a waiver is not statutorily available. See Section 10.138 of the Customs Regulations for end user certification procedures.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Robert Losche at 212-466-5670.

Sincerely,


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