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NY 866101





September 6, 1991

CLA-2-84:S:N:N1:103 866101

CATEGORY: CLASSIFICATION

TARIFF NO.: 8476.11.0000

Mr. Jeffrey W. Holt
F. W. Myers & Co., Inc.
Edison Plaza
660 Plaza Drive, Suite 2020
Detroit, MI 48226

RE: The tariff classification of a vending machine from Canada

Dear Mr. Holt:

In your letter dated July 30, 1991 on behalf of Poppit Fresh Co. you requested a tariff classification ruling.

A brochure submitted with your inquiry depicts the Hot Nut Machine as a countertop or wall mounted vending machine which accepts quarters or a dollar bill and dispenses two ounces of heated nuts. The unit contains two separate chambers and dispensers, allowing either of two different nut varieties to be dispensed. The Hot Nut Machine is 25 inches high, 10 inches wide, 9 inches deep, and weights 25 pounds.

The applicable subheading for the Hot Nut Machine will be 8476.11.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for automatic goods vending machines incorporating heating or refrigerating devices. The duty rate will be 3.9 percent ad valorem.

Goods classifiable under subheading 8476.11.0000, HTS, which have originated in the territory of Canada, will be entitled to a free rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

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.

Sincerely,

Jean F. Maguire
Area Director

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