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NY J81269




March 5, 2003

CLA-2-84:RR:NC:1:103 J81269

CATEGORY: CLASSIFICATION

TARIFF NO.: 8479.89.9885

Mr. Tom Dieckilman
Dieckilman Associates
1433 Oliver Avenue, Suite 16
San Diego, CA 92109

RE: The tariff classification of an ultrasonic sink from Korea

Dear Mr. Dieckilman:

In your letter dated February 5, 2003 you requested a tariff classification ruling.

With your inquiry you included a two page flyer describing the ultrasonic sink in general terms. The sink is a portable unit capable of use in homes, medical offices, restaurants, RV campers and other locations. It is designed for removing agricultural chemicals and contaminants, such as insecticides, from fruits and vegetables, or for cleaning dishes or other articles. The unit is composed of a plastic tub approximately 14 inches by 16 inches by 5 inches deep, an on/off pushbutton, and a separate button to select a food or dish cycle. It features 3, 7, 10, or 20 minute operating cycles, after which it automatically shuts off. While the flyer does not describe the sink’s method of operation, it appears that the tub is filled with water, and vegetables, fruits, dishes, or other articles are then placed in the water. When the unit is turned on cavitation bubbles caused by ultrasonic sound waves displace the contaminants and clean the articles.

The applicable subheading for the ultrasonic sink will be 8479.89.9885, Harmonized Tariff Schedule of the United States (HTS), which provides for machines and mechanical appliances having individual functions, not specified or included elsewhere (in chapter 84): other machines and mechanical appliances: other: other: other: ultrasonic cleaning devices. The rate of duty will be 2.5 percent ad valorem. The tariff provision you suggested, subheading 8479.89.9785, was changed to subheading 8479.89.9885 in the 2003 edition of the HTS.

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 Alan Horowitz at 646-733-3010.

Sincerely,

Robert B. Swierupski
Director,

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