NY 859991
FEB. 12, 1991

CLA-2-90:S:N:N1:102 859991

Mr. Paul S. Anderson
Sonnenberg, Anderson, O'Donnell & Rodriguez
200 West Adams Street
Suite 2625
Chicago, Illinois 60606

RE: The tariff classification of models ETD10-5K and ET10-5K temperature controllers from the Netherlands.

Dear Mr. Anderson:

In your letter dated January 25, l991, on behalf of your client, Multifan, Inc., you requested a tariff classification ruling. The items in question, Multifan's models ETD10-5K and ET10- 5K thermostats, are solid state temperature controllers used to maintain temperatures in dairy, swine and poultry confinement facilities. The units accomplish this by both regulating the amount of outside air pulled into the animal stalls by the ventilation fans, and by direct control of the heating system. The control instruments can monitor and maintain any desired temperature and activate an alarm should it exceed maximum or minimum levels. The principal difference between the two models is that the ET10-5K does not have a digital display, an alarm feature nor an automatic building cool-down feature.

The applicable subheading for the models ETD10-5K and ET10- 5K will be 9032.10.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for automatic regulating or controlling instruments and apparatus; thermostats for air conditioning, refrigeration or heating systems, designed for wall mounting. The rate of duty will be 4.8 percent ad valorem.

In the alternative, upon the submission of actual use certification as provided in Sections 10.131 - 10.139 of the Customs Regulations, the models ETD10-5K and ET10-5K will be classifiable under 9817.00.5000, HTS. This provision provides for machinery, equipment and implements to be used for agricultural or horticultural purposes. The provision is conditionally free of duty.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport