CLA-2-73:S:N:N1:106 885145
Mr. Joseph L. Giumentaro
Ameri-Can Customhouse Brokers
Peace Bridge Plaza
Buffalo, NY 14213-2488
RE: The tariff classification of a Haysaver feeding enclosure from
Canada
Dear Mr. Giumentaro:
In your letter dated April 14, 1993, on behalf of H. Kuntz
Manufacturing Inc. of Ontario, Canada, you requested a tariff
classification ruling. Your request included descriptive
literature.
There are four models of "Haysaver" feeders in question: #477,
#478, #578 and #588. These articles are basically feeding bins
which are designed for cows and cattle and consist of an iron
framework, steel tubing and optional wooden floor. They range in
size from 7'x7' to 8'x8' and can accommodate 4' long or 5' long
bales depending on the model of the enclosure. The "Haysaver" is
designed to keep bales off the ground to avoid spoilage as well as
to ensure consumption of the entire bale. In practice, the animal
will insert its head between the "bars" (tubing) of the feeding
enclosure and eat its fill.
The applicable subheading for the "Haysaver" feeding
enclosures will be 7308.90.9090, Harmonized Tariff Schedule of the
United States (HTS), which provides for structures and parts of
structures. The duty rate will be 5.7 percent ad valorem.
Goods classifiable under subheading 7308.90.9090, HTS, which
have originated in the territory of Canada, will be entitled to a
2.8 percent ad valorem rate of duty under the United States-Canada
Free Trade Agreement (FTA) upon compliance with all applicable
regulations.
Machinery, equipment and implements to be used for
agricultural or horticultural purposes are provided for under the
special classification provision of subheading 9817.00.50, HTS.
Upon the submission of actual use certification, as provided in
Section 10.131-139 of the Customs Regulations, the "Haysaver"
feeding enclosures would be classifiable in subheading 9817.00.50,
HTS, and would be 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