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April 1, 1999

CLA-2-84:RR:NC:1:104 D89646

CATEGORY: CLASSIFICATION

TARIFF NO.: 8418.69.0015

Ms. Roxane Peiffer
Norman G. Jensen, Inc.
3050 Metro Drive, Ste. 300
Minneapolis, MN 55425

RE: The tariff classification of ice makers from the Netherlands

Dear Ms. Peiffer:

In your letter dated March 18, 1999 on behalf of Omega Thermo Products you requested a tariff classification ruling.

The ice makers are suitable for the production of sheets of ice (not cubes) in a continuous operation. An ice maker consists of the following main components: a water distribution spray pipe, evaporator plates, a water collection tank and a base frame with compressor. Water is pumped into the distribution tray which is designed to ensure an even distribution of water over the evaporator plates. The refrigerant evaporates inside the plates at a temperature of -100C\14oF. The water flowing over the plates freezes to form a thin film (i.e., thickness of between 3 and 10mm) of ice on the plate. The unit can also be used to cool liquids close to their freezing point (for water down to 0.5oC\32.9oF). Both modes of operation can be performed by the same machine.

To harvest the ice film from the plates the compressor hot gas is diverted to the suction side of each plate. During this defrosting period the suction and liquid valves on the inlet and outlet of the evaporator refrigerant circuit are closed. This results in a rise of temperature and pressure in the evaporator plate. The ice film is released from the plate and drops into a separate storage bin. The flow of hot gas is then terminated and the evaporator circuit valves are opened. The refrigerant pressure and temperature drops and ice production is continued. The ice is harvested in four separate phases. Allowing the compressor to remaining running at all times ensures that sufficient hot gas will be provided for the defrost cycle.

The applicable subheading for the ice makers will be 8418.69.0015, Harmonized Tariff Schedule of the United States (HTS), which provides for Refrigerators, freezers and other refrigerating or freezing equipment, electric or other; heat pumps, other than the air conditioning machines of heading 8415; parts thereof: Other refrigerating or freezing equipment; heat pumps: Other...Icemaking machines: Other. The rate of duty will be Free.

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 Robert Losche at 212-637-7038.

Sincerely,

Robert B. Swierupski
Director,

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