The tariff classification of a food purification washing system from China

N073577 September 23, 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 washing 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 (model WMS). This device measures approximately 430mm x 280mm x 565mm and weighs 22 kgs. It resembles a small wall mounted cabinet which incorporates an electronic control panel on its front. The device is intended for use in the kitchens of restaurants to both clean and sanitizer (eliminate bacteria and organisms that could cause heath problems) various food products, kitchenware and hands. The GO-3 food purification system (model WMS) uses a patented electrolytic ozone generating technology to produce an ozone saturated water spray. That ozone saturated water is what’s used to clean and sanitize. The ozone is produced by an electronic 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. In use, the unit would be mounted to a wall and connected to a municipal water source and an electric power source. Tubing with spray nozzles would be run to particular locations within the kitchen, such as above a sink. As needed, the ozone saturated water would be sprayed over food, kitchenware, hands or any other items that may need to be cleaned/sanitized. The applicable subheading for the GO-3 food purification washing system (model WMS) 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