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NY K86428




June 17, 2004
CLA-2-84:RR:NC:1:104 K86428

CATEGORY: CLASSIFICATION

TARIFF NO.: 8479.60.0000; 9817.00.5000

Mr. Joseph Hoffacker
Barthco Trade Consultants
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of centrifugal evaporative cooling systems from Korea

Dear Mr. Hoffacker:

In your letter dated May 27, 2004 on behalf of BSB Enterprises of Strasburg, Pennsylvania you requested a tariff classification ruling.

The Aircool Centrifugal Evaporative Cooling System comes in a ceiling mounted or mobile version, both employing a centrifugal airflow misting system. The mist is created by the unit’s disk system (a disk and a copper housing with nubs) that spins to create water particles down to 20 microns that are projected into the area to be cooled by the unit’s fan. The system does not use nozzles, high pressure pumps or compressors.

In the mobile version, the cooling unit is mounted above the mobile unit. The mobile unit is essentially a water tank with a low pressure pump set in a frame on wheels. The mobile unit has handles for the operator to push or pull the unit from area to area. The standard ceiling mounted version has no water tank or pump. (A recirculation pump is an option.) It is connected directly to a water line. The unit can be mounted in a fixed or oscillating position. The shipping weight is approximately 80 pounds for the fixed unit and 170 pounds for the mobile.

You have indicated that BSB Enterprises only sells these units to agricultural customers. They are used in greenhouses, dairy holding pens, hog farms, etc.

The applicable subheading for the Aircool Centrifugal Cooling System, ceiling mounted or mobile version, will be 8479.60.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter: evaporative air coolers. The rate of duty will be 2.8 percent.

Subheading 9817.00.5000, HTS, is the provision covering machinery, equipment, or implements to be used in agricultural pursuits. This is an actual use provision subject to the certification process found in Sections 10.131 - 10.139 of the Customs Regulations. The use of evaporating cooling systems in the care of animals and in greenhouses is both an agricultural and 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 Robert Losche at 646-733-3011.

Sincerely,

Robert B. Swierupski
Director,

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