The tariff classification of a food purification system from China

N073576 September 11, 2009 CLA-2-85:OT:RR:E:NC:N1:112 CATEGORY: Classification TARIFF NO.: 8543.30.0000 Mr. Michael Bromberg President MVP Group Corporation 5659 Royalmount Avenue Montreal, Quebec H4P 2P9 RE: The tariff classification of a food purification system from China Dear Mr. Bromberg: In your letter dated August 25, 2009, you requested a tariff classification ruling. The item concerned is the GO-3 food purification washing system. This device measures approximately 58.65 inches in height by 22.58 inches in length by 25.63 inches in depth and weighs 250 pounds. This unit resembles a small cabinet which incorporates two draws and an electronic control panel. The device is intended for use in the kitchens of restaurants to both clean and purify (eliminate bacteria and organisms that could cause heath problems) various food products such as seafood, fruits, vegetables, meat, poultry, etc. The GO-3 food purification system uses an ozone saturated water spray to sanitize food products. In use, food products would be placed within one or both of the two baskets/draws. The unit incorporates a water reservoir which would be filled with tap water. Once the start cycle is selected the unit will spray ozonated water over the food. The ozonated water will both clean and sanitize/purify the food. The ozone is produced by an ozone generator located within this machine. Using a form of electrolysis, the water (H2O) is changed into ozone (O3). It is stated that the ozone eliminates pesticides, viruses, fungal spores, bacteria (including e.coli, listeria and salmonella), micro-organisms and harmful chemicals. The purification/sanitization process is accomplished solely by the use of ozone. The applicable subheading for the GO-3 food purification washing system will be 8543.30.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical machines and apparatus…: Machines and apparatus for electroplating, electrolysis or electrophoresis.” The rate of duty will be 2.6%. 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 Steven Pollichino at (646) 733-3008. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division