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NY H81467




June 4, 2001

CLA-2-84:RR:NC:1:104 H81467

CATEGORY: CLASSIFICATION

TARIFF NO.: 8450.20.0090

Mr. Dean Warner
Esporta Wash Systems Inc.
Unit #8 – 2652 Compass Court
Kelowna, British Columbia
V1Z 3P3
Canada

RE: The tariff classification of commercial washer/dryer from Turkey

Dear Mr. Warner:

In your undated letter received by this office on May 22, 2001 you requested a tariff classification ruling.

The Esporta ES 3200 washer/dryer is a commercial washer/dryer designed to wash bulky gear and equipment, e.g., sports equipment, firefighting gear, horse tack, etc. It is designed to wash anything that cannot be washed in conventional agitating or spin washer/dryers, e.g., shoulder pads, shin pads, gloves, etc. The machine is computer programmed to wash and dry up to eight sets of bulky gear at one time in about two hours. The machine weighs 3600 lbs. and its dimensions are 6’4” high by 6’ wide by 4’deep.

The applicable subheading for the Esporta ES 3200 washer/dryer will be 8450.20.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for Household- or laundry-type washing machines, including machines which both wash and dry; parts thereof: Machines, each of a dry linen capacity exceeding 10 kgOther. The duty rate will be 1 percent ad valorem.

Articles classifiable under subheading 8450.20.0090, HTS, which are products of Turkey, are currently entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP, however, is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check the Customs Web site at www.customs.gov. At the Web site, click on "CEBB" and then search for the term "GSP".

In your letter, you indicated that three different methods of shipment will be employed. The scenarios are as follows: Machines shipped from Turkey to your firm’s warehouse in Canada and then shipped to customers in the United States. Machines shipped from Turkey directly to customers in the United States. Machines shipped from Turkey directly to a warehouse in the United States and from there shipped to customers in the United States.

Articles must be imported directly from a beneficiary developing country in order to qualify for treatment under the GSP. Section 10.175, Customs Regulations (19 C.F.R. §10.175) states in part that the words “imported directly” mean: (a) Direct shipment from the beneficiary country to the United States without passing through the territory of any other country; or (b) If the shipment is from a beneficiary developing country to the U.S. through the territory of any other country, the merchandise in the shipment does not enter into the commerce of any other country while en route to the U.S., and the invoice, bills of lading, and other shipping documents show the U.S. as the final destination.

Articles shipped under scenarios 2 and 3 would comply with the terms set forth in Section 10.175. Articles shipped under scenario 1 would not comply, thus they would not qualify for treatment under the GSP.

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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