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NY J83873

May 7, 2003

CLA-2-84:RR:NC:MM:106 J83873


TARIFF NO.: 8419.89.9560

Mr. C.R. Leconte
A.N. Deringer, Inc.
15 River Street
Calais, ME 04619-1894

RE: The tariff classification of Steam Water Spray Automated Batch Retort (SWS) system from Belgium.

Dear Mr. Leconte:

In your letter dated April 21, 2003, on behalf of Connors Brothers Ltd, you requested a tariff classification ruling. You submitted descriptive literature with your request.

The article in question is the Steam Water Spray Automated Batch Retort (SWS) system. The SWS system utilizes direct steam injection with air overpressure to provide homogeneous sterilization. Sprays mix steam and water, creating even temperature distribution. Indirect, sterile cooling over a plate heat exchanger saves water, water treatment chemicals and energy. The system is used in the food industry for the sterilization of various food products by using a process of heating and cooling.

The applicable subheading for the Steam Water Spray Automated Batch Retort system will be 8419.89.9560, Harmonized Tariff Schedule of the United States (HTS), which provides for other machinery, plant or laboratory equipment, whether or not electrically heated, for the treatment of materials by a process involving a change of temperature such as heatingor cooling, other than machinery or plant of a kind used for domestic purposes: other: other: other: for food and beverages. The rate of duty will be 4.2 percent ad valorem.

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 Patrick J. Wholey at 646-733-3013.


Robert B. Swierupski

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