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NY 816501




November 22, 1995

CLA-2-84:R:N1:106 816501

CATEGORY: CLASSIFICATION

TARIFF NO.: 8424.81.9030; 9817.00.5000

Mr. Rick Galland
Mitsui USA
200 Public Square
Cleveland, OH 44114-2301

RE: The tariff classification of a garden sprayer from Vietnam

Dear Galland:

In your letter dated October 31, 1995 you requested a tariff classification ruling. You included descriptive literature with your request.

The article in question is the BX1-10L garden sprayer which contains a single stage piston pump inside of a 10 liter container. Pesticides, herbicides and the like are introduced into the container which can then be pressurized by priming the pump handle 35 to 40 times. The chemical can then be sprayed through a lance sprayer attached to the container.

The applicable subheading for the BX1-10L garden sprayer will be 8424.81.9030, Harmonized Tariff Schedule of the United States (HTS), which provides for other agricultural or horticultural sprayers. The rate of duty will be 35 percent ad valorem.

The above duty rate represents the appropriate Column 2 rate of duty which is applicable to products from Vietnam. The same rate of duty would apply to this sprayer under subheading 9817.00.5000, HTS, the special provision for machinery, equipment and implements to be used for agricultural or horticultural purposes.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Patrick J. Wholey at 212-466-5668.

Sincerely,

Roger J. Silvestri
Director

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