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NY F87582





June 19, 2000

CLA-2-85:RR:NC:1:112 F87582

CATEGORY: CLASSIFICATION

TARIFF NO.: 8543.89.9695

Mr. Donald S. Simpson
Barthco Trade Consultants, Inc.
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of an Agrocare system from Chile

Dear Mr. Simpson:

In your letter dated May 3, 2000, on behalf of Agroquality International, LLC, you requested a tariff classification ruling.

As indicated by the submitted literature, the Agrocare system is an apparatus that produces low concentrations of ozone in a controlled manner. It is electrically operated and is used in cold storage facilities and refrigerated containers to reduce the ethylene that is produced by ripening fruit.

The applicable subheading for the Agrocare system will be 8543.89.9695, Harmonized Tariff Schedule of the United States (HTS), which provides for other electrical machines and apparatus, , not specified or included elsewhere in Chapter 85, HTS. The duty rate will be 2.6 percent ad valorem.

Articles classifiable under subheading 8543.89.9695, HTS, which are products of Chile are currently entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP, however, is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check the Customs Web site at www.customs.gov. At the Web site, click on "CEBB" and then search for the term "GSP".

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 David Curran at 212-637-7049.

Sincerely,

Robert B. Swierupski
Director,

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