CLA-2-90:S:N:N1:106-887243
Mr. Charles M. Watson
R. L. Swearer Company, Inc.
Customhouse Brokers
P.O. Box 471
Sewickley, PA 15143-0471
RE: The tariff classification of air purifiers from Italy.
Dear Mr. Watson:
In your letter dated June 1, 1993, on behalf of Brighton-
By-Products Co., Inc., you requested a tariff classification
ruling. You included a descriptive brochure with your request.
The merchandise consists of two styles of protective
helmets: the Kasco K80S-T5 and the Kasco K80s-T5N. The
lightweight helmet is made from a tough fiberglass and the wide
view visors give the user an unrestricted view. These air
purifiers are for use when spraying pesticides in greenhouses and
other areas where a 12-volt tractor system is not available as a
power source. The K80S-T5 features a single-filter system worn
at the waist which contains a fan, motor, and single ZA2/P3 NIOSH
approved filter. The K80S-T5N is similar to the T5 but is fitted
with 3 ZA2/P3 filters. Both units are powered by a 6-volt
rechargeable battery. A flexible hose connects the belt-pack
with the helmet. A tough fabric collar and drawstring ensure a
snug fit.
The applicable subheading for these air purifiers will be
9020.00.6000, Harmonized Tariff Schedule of the United States
(HTS), which provides for other breathing appliances and gas
masks. The rate of duty will be 3.7 percent ad valorem.
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, these Kasco air
purifiers would be classifiable in subheading 9817.00.5000, 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