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NY C86863





May 20, 1998

CLA-2-84:RR:NC:1:102 C86863

CATEGORY: CLASSIFICATION

TARIFF NO.: 8414.59.6090

Mr. Brian Rodger
Slimline Manufacturing Ltd.
559 Okanagan Avenue East
Penticton, BC, Canada V2A 3K4

RE: The tariff classification of a "turbo-mist evaporator" from Canada

Dear Mr. Rodger:

In your letter dated April 15, 1998 you requested a tariff classification ruling.

The item in question is identified as a "turbo-mist evaporator". The evaporator is designed for the mining industry to reduce the volume of water in tailings ponds during reclamation. Descriptive literature was submitted.

The evaporator is a self-contained unit consisting of an axial flow turbine and a large diameter nozzle to direct the flow of air produced by the turbine's fan blade. The turbine is powered by a 40 horsepower electric motor.

The evaporator is used to provide an air stream for the purpose of carrying fluids into the surrounding air and facilitate the evaporation of those fluids. The sole function of the evaporator is to create an air flow at the unit's nozzle. The fluids are injected into the air stream by means of a pumping system, which is separate from the evaporator and user supplied.

The applicable subheading for the evaporator will be 8414.59.6090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other axial fans. The general rate of duty will be 2.8 percent ad valorem.

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 Kenneth T. Brock at 212-466-5493.

Sincerely,

Robert B. Swierupski
Director,

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