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NY K85630




May 20, 2004
CLA-2-84:RR:NC:MM:106 K85630

CATEGORY: CLASSIFICATION

TARIFF NO.: 8424.81.9040; 8424.89.7090; 9817.00.5000

Mr. John Matson
North Star World Services, Inc.
980 Lone Oak Road, Suite 160
Eagan, MN 55121

RE: The tariff classification of four models of pesticide, insecticide or herbicide sprayers from China and/or Taiwan.

Dear Mr. Matson:

In your letter dated May 5, 2004, on behalf of H.D. Hudson MFG. Co., you requested a tariff classification ruling. You submitted literature with your request.

The articles in question are four models of sprayers. The first model, designated Item 98600A Porta-pak Ultra-Low-Volume Sprayer, is a sprayer for pesticides, insecticides or herbicides that is powered by a 2-cycle, 2.5 hp/5,000-rpm gasoline engine. The engine is mounted on a tubular metal frame attached to a padded backrest with shoulder and body straps to allow the unit to be strapped to a person’s back. A pesticide tank with a capacity of 2.84 liters and a fuel tank with a capacity of 1.92 liters are also attached to the unit. The overall dimensions of the unit are 24 inches H by 21 inches W by 17 inches D. The weight without chemicals is 36 lbs. In operation, the engine powers a centrifugal vane-type direct drive stainless steel fan, which delivers an air volume of 485 CFM with an air speed at the nozzle of 252 mph, to produce micron size droplets (18-75 microns), which cover paths up to 75 feet wide and 50 feet high. This unit is used for mosquito control and insect control in field crops, gardens and orchards, and will be imported without any chemicals.

The second model, designated Item 62691 FOG Propane Insect Fogger, is a portable hand-held thermal fogger used for dispersing oil-based insecticide. In operation, a hand-operated trigger pumps the insecticide from an attached insecticide container through a coiled spray tube assembly, where it is heated. Attached to the rear of the fogger handle is a propane gas cylinder. A piezo igniter lights the propane to heat the insecticide within the coiled tube. This produces a fog that is released through a spray tip attached at the end of the coiled tube. The entire coiled tube is surrounded by a wire basket. This sprayer will be imported without any chemicals.

The third model is designated Item 99598 FOG Electric Atomizer Sprayer for outdoor use. Item 99598 is an electrically operated ultra low volume sprayer used for dispersing insecticides. A 110-volt AC motor is mounted on top of a 2-gallon insecticide container. A supply tube runs from the container to the motor and a flexible hose surrounds the supply tube that delivers the insecticide through a nozzle as a spray from the other side of the motor. The sprayer has an output of 1.5 to 14 gallons per hour. The unit also has a 45-inch strap for ease of use outside and weighs approximately 12 lbs. This sprayer will be imported without any chemicals.

The fourth model is designated Item 99599 FOG Electric Atomizer Sprayer for indoor use. The technical description for this model is identical to the third model except for output. The sprayer has an output of 1.5 to 5.3 gallons per hour, and is for indoor use. The unit weighs approximately 10 lbs. and will be imported without any chemicals.

The applicable subheading for the Porta-Pak Ultra-Low-Volume Sprayer, Item 98600A will be 8424.81.9040, Harmonized Tariff Schedule of the United States (HTS), which provides for other agricultural or horticultural sprayers, self-contained, having a capacity not over 20 liters. The rate of duty will be 2.4 percent ad valorem.

The applicable subheading for the FOG Propane Insect Fogger, the FOG Electric Atomizer Sprayer for outdoor use and the FOG Electric Atomizer for indoor use will be 8424.89.7090, HTS, which provides for other mechanical appliances (whether or not hand operated) for projecting, dispersing or spraying liquids. The rate of duty will be 1.8 percent ad valorem.

Subheading 9817.00.5000, HTS, is the provision covering machinery, equipment, or implements to be used in agricultural or horticultural pursuits. This is an actual use provision subject to the certification process found in Sections 10.131-139 of the Customs Regulations. The use of the Porta-Pak Ultra-Low-Volume Sprayer for pesticides, insecticides or herbicides used for mosquito control and insect control in field crops, gardens and orchards is an agricultural or horticultural pursuit. In this instance, classification in the alternative, subject to certification, will be subheading 9817.00.5000, HTS. 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 Patrick J. Wholey at 646-733-3013.

Sincerely,

Robert B. Swierupski
Director,

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