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October 2, 2000

CLA©2©84:RR:NC:MM:106 G82691


TARIFF NO.: 7308.90.9530; 7308.90.9590; 8436.80.0040; 9817.00.5000

Mr. Mitchell Neriah
Customs Consulting Services
415 S. Prospect Avenue
Redondo Beach, CA 90277

RE:√Ā???????√ĀThe tariff classification of a farrowing crate, drink cup, wet¬©dry feeder and rotary feeder for pig farming from Taiwan and cast iron floor panels for pig farming from China

Dear Mr. Neriah:

√Ā???????√ĀIn your letter dated September 20, 2000, on behalf of your client Lantern, Inc., you requested a tariff classification ruling. You included descriptive literature with your request.

√Ā???????√ĀAll of the items described below are used in the practice of pig farming.

√Ā???????√ĀThe first item, cast iron floor panel, model no. 121, is specifically designed for use as flooring in pens for the raising of pigs. The floor panels lock together and are mounted on a raised steel frame. The interlocked panels comprise the floor onto which a pig nursery crate, gestation crate or farrowing crate rests. The panels are slotted and anti¬©slip for hygiene and animal safety.

√Ā???????√ĀThe second item, farrowing crate, model 102, is a holding pen for sows which are nursing piglets and is constructed of galvanized steel rod.

√Ā???????√ĀThe third item, rotary feeder, model RF¬©309, is a feeder for pigs. It has a stainless steel hopper supported by a center post and a cast iron feeder pan at its base. In operation, a feed plate at the base of the appliance, when pushed by the pig's snout, will rotate the hopper and feed will fall into the feeder pans, allowing the swine to feed.

√Ā???????√ĀThe fourth item, wet¬©dry feeder, model P, is farm equipment for feeding and watering pigs. It has a plastic hopper and cast iron feeder pan, which functions in the same manner as the rotary feeder described above. The wet¬©dry feeder also incorporates 2 water trays in the feeder pan. A pipe, connected to a pressurized water supply, runs to the bottom of the feeder pan and terminates in a nipple¬©like device, which is a push¬©operated valve that responds to the pig's snout pressure to release water on demand.

√Ā???????√ĀThe last item, a stainless steel drinking cup, is a device used to water pigs. It consists of an oval¬©shaped bowl, approximately 10 inches wide. A pipe runs through the center of the bowl and terminates in a nipple¬©like device which waters the pig in the same manner as the wet¬©dry feeder described above.

√Ā???????√ĀThe applicable subheading for the cast iron floor panel will be 7308.90.9530, Harmonized Tariff Schedule of the United States (HTS), which provides for sheet¬©metal roofing, siding, flooring and roof drainage equipment. The rate of duty will be 2.3 percent ad valorem.

√Ā???????√ĀThe applicable subheading for the farrowing crate will be 7308.90.9590, HTS, which provides for other structures and parts of structures of iron or steel. The rate of duty will be 2.3 percent ad valorem. √Ā???????√Ā

√Ā???????√ĀThe applicable subheading for the rotary feeder, wet¬©dry feeder, and drinking cup will be 8436.80.0040, HTS, which provides for barn and barnyard machines. The rate of duty will be free.

√Ā???????√ĀMachinery, 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 cast¬©iron floor panels and farrowing crates would be classifiable in subheading 9817.00.5000, HTS, and would be free of duty.

√Ā???????√ĀThis ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

√???√√Ā???????√ĀA 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 Patrick J. Wholey at 212¬©637¬©7036.

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