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NY 801541



Sep 29, 1994

CLA-2-90:S:N:N1:105 801541

CATEGORY: CLASSIFICATION

TARIFF NO.: 9029.20.4080
9031.80.0080
9817.00.5000

Mr. Ray Peltier
A. N. Deringer, Inc.
200 International Blvd.
Sweetgrass, MT 59484

RE: The tariff classification of monitors and equipment for agriculture use from Canada

Dear Mr. Peltier:

In your letter dated August 15, 1994, on behalf of Agtron Enterprises, Inc., you requested a tariff classification ruling.

The Digital Tach is a seeder shaft/bin monitor with internal night light.

The 14 Channel Monitor provides 14 channels of monitoring for shaft sensors for drills or seed plants. The monitor has a bin and a seed flow sensor for air seeders or planters.

The Grain Loss Monitor uses impact sensors to detect all types of grain.

The All-run Monitor is a planter/seeder monitor that monitors seed rate or seed count to check population and can detect empty seed.

The Area Plus Monitor has six function area-rate monitors and can check how many acre are done with each tank of chemical using acre count.

The 4 Channel Shaft/Bin Monitor provides monitoring for up to four shafts and bins for drills, combines, or seed plant shafts and farm machines where shafts turn.

All these monitors are used on machiney, equipment and implements used for agricultural or horticultural purposes.

The applicable subheading for the Digital Tach will be 9029.20.4080, Harmonized Tariff Schedule of the United States (HTS), which provides for revolution counters, production counters, taximeters, odometers, pedometers and the like; speedometers and tachometers, speedometers and tachometers; other. The rate of duty will be free.

The applicable subheading for the other articles will be 9031.80.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for measuring or checking instruments, appliances and machines, not specified or included elsewhere in this chapter; profile projectors; parts and accessories thereof: other instruments, appliances and machines, other. The rate of duty will be 4.9 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 9817.00.5000. Harmonized Tariff Schedule of the United States (HTS). Upon compliance with the actual use requirements of Section 10.131-139 of the Customs Regulations, these monitors 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
Area Director

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