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NY 890424




October 13, 1993

CLA-2-90:S:N:N3:102 890424

CATEGORY: CLASSIFICATION

TARIFF NO.: 9015.80.8080; 9817.00.5000

Mr. Erik D. Weiss
Grunfeld, Desiderio, Lebowitz & Silverman 245 Park Avenue
New York, N.Y. 10167-0002

RE: The tariff classification of the "AquaSaver" agrometeorological weather station from France

Dear Mr. Weiss:

In your letter dated September 21, 1993, on behalf of your client, Water Concern Company Limited, you requested a tariff classification ruling.

The AquaSaver is an agrometeorological weather station which determines the real evapo-transpiration (rate of loss) of water from soil and vegetation cover over an area of land. The station consists of a data acquisition center housed in a stainless steel box, a pole and support braces from which to mount sensors. The sensors include a pyrradiometer for net radiation measurement, two anemometers for wind speed, a ventilated psychrometer for ambiant and wet temperature, two ventilated temperature sensors for differential measurement of ambiant temperature, a weathervane for wind direction, a rain gauge for rainfall measurement, two ground temperature sensors, a fluxmeter and a barometer. The two models involved in this request, the Golf and the Agro, differ somewhat in the number and type of sensors, as well as physical configuration. Their main functions are identical.

The applicable subheading for the AquaSavers will be 9015.80.8080, Harmonized Tariff Schedule of the United States (HTS), which provides for other surveying, hydrographic, oceanographic, hydrological, meteorological or geophysical instruments and apparatus, other. The rate of duty will be 4.9 percent ad valorem.

HTS subheading 9817.00.5000, which is free of duty, is the provision covering machinery, equipment and implements to be used for agricultural or horticultural purposes. Subject to actual use certification, in keeping with sections 10.131 - 10.134 of the Customs Regulations, the items classified above would, in the alternative, be classified in subheading 9817.00.5000.

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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