CLA-2-84:OT:RR:NC:N1:102
Ms. Marguerite Reimer
Envirotech AG Systems Ltd.
6 Nicolas Avenue
Winnipeg, Canada R2J 0T5
RE: The tariff classification of agricultural ventilation systems from various countries
Dear Ms. Marguerite:
In your letter dated October 10, 2008 you requested a tariff classification ruling.
The articles in question are described as agricultural ventilation systems used to control temperature and ventilation within a barn. The ventilation systems are comprised of an axial wall or chimney fan, fittings, and control devices. The fittings include cones, extension tubes, damper/back draft shutters, and wall or ceiling air inlets. The control devices include electronic ventilation controls, temperature/humidity sensors and air measuring units. The number of components required for any given system installation will vary according to the size of the area to be ventilated and the specific ventilation requirements.
You indicate that the system components are individually packed in ready to install condition. You also indicate that you typically ship an entire system, i.e., all the components necessary for a complete installation, in one shipment. However, on occasion, the fan and fittings may be shipped separate and apart from the control devices because the controls are needed until later in the installation process.
The applicable subheading for the fan and fittings, when entered together, with or without the controls, will be 8414.59.6090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other axial fans. The rate of duty will be 2.3 percent ad valorem.
We need additional information in order to issue a ruling on the classification of the control devices when presented separately. Please provide a detailed description of each device you wish us to consider. The description should identify the purpose of the device with respect to the ventilation system and explain how variables such as temperature, humidity, etc., are monitored and/or controlled. Please limit your ruling request to a maximum of 5 items of the same class or kind. If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. If the information required does not involve sending a sample, you can re-submit your request and the additional information electronically.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
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 Kenneth Brock at (646) 733-3009.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division