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NY C81270




November 6, 1997

CLA-2-90:RR:NC:MM:106 C81270

CATEGORY: CLASSIFICATION

TARIFF NO.: 9028.20.0000; 9817.00.5000

Mr. Chris Kuehler
Archer Freight Systems, Inc.
P.O. Box 460067
San Antonio, Texas 78246-0067

RE: The tariff classification of milk meters from New Zealand.

Dear Mr. Kuehler:

In your letter dated October 28, 1997, on behalf of Tru- Test, you requested a tariff classification ruling. You submitted descriptive literature with your request.

The article in question is the Tru-Test milk meter. The various milk meter models such as the H.I., Auto Sampler, Ezi-Test, Mini-Manager and Mini-Test provide a range of options in meters, flasks, nozzles and bracketing systems. The meters are attached to the milk line and are designed to measure the amount of milk a cow produces by weight. The meters are manufactured from polysulfone plastic and operate on a volumetric principle. The volume of milk flowing through the meter is measured, and the meter is calibrated to convert the measured volume as a numeric value representing weight. You state that it is designed for use in dairy operations and is used in conjunction with existing agricultural milking equipment as an add-on option. It is sold to agricultural distributors and dairy associations and you indicate that its purpose is for genetic evaluation and total farm management.

The applicable subheading for the milk meters will be 9028.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Gas, Liquid or electricity supply or production meters, including calibrating meters thereof; Liquid meters. The rate of duty will be 27.6 cents each plus 4.3 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, HTS. Upon compliance with the actual use requirements of Section 10.131-139 of the Customs Regulations, the milk meters would be classifiable in subheading 9817.00.5000, HTS, and would be free of duty. You ask for a waiver of the end user certificate. Such a waiver is not statutorily available. See Section 10.138 of the Customs Regulations for end user certification procedures.

This ruling is being issued under the provisions of Part 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,

Robert B. Swierupski
Director,

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