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NY 887243




June 23, 1993

CLA-2-90:S:N:N1:106-887243

CATEGORY: CLASSIFICATION

TARIFF NO.: 9020.00.6000; 9817.00.5000

Mr. Charles M. Watson
R. L. Swearer Company, Inc.
Customhouse Brokers
P.O. Box 471
Sewickley, PA 15143-0471

RE: The tariff classification of air purifiers from Italy.

Dear Mr. Watson:

In your letter dated June 1, 1993, on behalf of Brighton- By-Products Co., Inc., you requested a tariff classification ruling. You included a descriptive brochure with your request.

The merchandise consists of two styles of protective helmets: the Kasco K80S-T5 and the Kasco K80s-T5N. The lightweight helmet is made from a tough fiberglass and the wide view visors give the user an unrestricted view. These air purifiers are for use when spraying pesticides in greenhouses and other areas where a 12-volt tractor system is not available as a power source. The K80S-T5 features a single-filter system worn at the waist which contains a fan, motor, and single ZA2/P3 NIOSH approved filter. The K80S-T5N is similar to the T5 but is fitted with 3 ZA2/P3 filters. Both units are powered by a 6-volt rechargeable battery. A flexible hose connects the belt-pack with the helmet. A tough fabric collar and drawstring ensure a snug fit.

The applicable subheading for these air purifiers will be 9020.00.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for other breathing appliances and gas masks. The rate of duty will be 3.7 percent ad valorem.

Machinery, equipment and implements to be used for agricultural or horticultural purposes are provided for under the special classification provision of subheading 9817.00.50, HTS. Upon the submission of actual use certification, as provided in Section 10.131-139 of the Customs Regulations, these Kasco air purifiers would be classifiable in subheading 9817.00.5000, HTS, and would be free of duty. 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

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