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NY 883577




March 31, 1993

CLA-2-84:S:N:N1:103 883577

CATEGORY: CLASSIFICATION

TARIFF NO.: 8428.33.0000; 9817.00.5000

Ms. Pam Brown
Cargo U.K., Inc.
4790 Aviation Parkway
Atlanta, GA 30349

RE: The tariff classification of poultry hatchery equipment from France

Dear Ms. Brown:

In your letter dated March 3, 1993 on behalf of Breuil Sharp Automation you requested a tariff classification ruling.

You submitted a brochure which depicts and describes equipment for automating the operations of a poultry hatchery. Sexing and vaccinating carrousels basically consist of slowly rotating solid rings mounted on legs. Workers seated along the outer periphery of the sexing table manually determine the sex of one day old chicks and then place them in the appropriate chute so they can be counted and boxed. The sexing carrousel can be used with either the feather or vent method of sex determination. Similarly, workers stsationed around the vaccinating table either spray or inject the chicks as they rotate past. The carrousels are made of stainless steel and are avaialable with from 6 to 24 stations for sexing and 2 to 24 stations for vaccinating. Tjhey vary in diameter from 7 to 22 feet.

The applicable subheading for the sexing and vaccinating carrousels will be 8428.33.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for belt conveyors. The rate of duty will be 2 percent ad valorem. Alternatively, if the sexing and vaccinating tables are primarily used in a hatchery in an agricultural pursuit, they may be classifiable in the provision for machinery, equipment and implements to be used for agricultural or horticultural purposes in subheading 9817.00.5000, HTS, and free of duty provided the requirements of Sections 10.131 - 10.139, Customs Regulations, are met.

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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