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NY L87841




October 27, 2005

CLA-2-84:RR:NC:1:104 L87841

CATEGORY: CLASSIFICATION

TARIFF NO.: 8479.89.9897

Mr. Heinz Niedermaier
Island Sky Inc.
2027 Thomas Street
Hollywood, FL 33020

RE: The tariff classification of a water making machine from China

Dear Mr. Niedermaier:

In your letter dated September 26, 2005 you requested a tariff classification ruling.

You have provided a brochure with fact sheet for the Island Sky water-making machine (which you also refer to as an “atmospheric water generator”) and a copy of the patent upon which the machine’s technology is based. The brochure states that Island Sky water machine literally makes water “out of thin air” and eliminates the need for bottled water. The unit is a floor standing machine measuring 15” x 20” x 47” H and weighs 125 pounds. The patent is for potable water collection apparatus. In the Summary of Invention it is stated that the object is to provide a novel means and method for condensing and collecting water for drinking purposes. A further object is to provide a method for producing pure drinking water from water vapor.

You explain that the water making machine’s operation is similar to that of a dehumidifier, essentially lowering the surfaces of a finned refrigerant evaporator below the dew point. The main difference is that the collected water is rendered potable. This is achieved by exposing the water to ultraviolet radiation at 250nm wavelength. The water is also recirculated through a 5 micron activated carbon block filter and the air entering the machine passes through a filter.

There are other differences from a dehumidifier including the ability to produce hot and cold water for consumption. The cold water is produced by storing a portion in a reserve vessel which is chilled by a separate coil tube evaporator, using a small portion of condensed liquid refrigerant, thereby utilizing a single compressor to serve both as the water production compressor and the water chilling compressor. The hot water is produced by applying a flexible rubber heater around a separate reserve vessel. A thermostat constantly regulates the temperature and a small pump delivers the water to both hot and cold faucets. The machine has a water tank capacity of 5 gallons and can generate up to 14 gallons a day. (It has a float switch to shut down the unit when the 5 gallon capacity is reached.)

The applicable subheading for the Island Sky water-making machine will be 8479.89.9897, 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: other. The rate of duty will be 2.5 percent.

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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