us-cbp-cross-rulings-hq-083998•HQ 083998: Nest Boards and Blocks for Bees
HQ 083998: Nest Boards and Blocks for Bees
us-cbp-cross-rulings-hq-083998HQ 083998: Nest Boards and Blocks for BeesGuidance
Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.
HQ 083998
June 22, 1989
CLA-2:CO:R:C:G 083998 JAS
CATEGORY: Classification
TARIFF NO.: 3926.90.9050; 9817.00.5000
Ms. Sheila McCarthy
Beaver Plastics Ltd.
12150 160 Street
Edmonton Alberta Canada T5V 1H5
RE: Nest Boards and Blocks for Bees
Dear Ms. McCarthy:
In a letter to the Area Director of Customs, New York
Seaport, dated February 23, 1989, you inquired as to the
tariff classification of Beaverfoam and Megablock nest boards
or hives for bees, from Canada. This ruling concerns the
eligibility of these articles for duty-free treatment under
Chapter 98, Harmonized Tariff Schedule of the United States
Annotated (HTSUSA).
FACTS:
The Area Director replied to you by letter, dated March
22, 1989 (837735), and confirmed that the nest boards were
classifiable under the provision for other articles of
plastics and articles of other materials of headings 3901 to
3914, in subheading 3926.90.9050, HTSUSA. The contents of
that letter are incorporated by reference in this letter.
ISSUE:
Do bees nest boards qualify for free entry as
agricultural or horticultural implements, in Chapter 98,
HTSUSA?
- 2 -
LAW AND ANALYSIS:
Subheading 9817.00.5000, HTSUSA, provides for the duty-
free entry of machinery, equipment and implements to be used
for agricultural or horticultural purposes. This is an actual
use provision. Notwithstanding the existence of a competing
provision or provisions in the HTSUSA for these nest boards,
they are classifiable in subheading 9817.00.5000 if the
conditions and requirements thereof and any applicable
regulations are met. See Chapter 98, U.S. Note 1, HTSUSA.
Beaverfoam and Megablock nest boards are implements to be
used for a recognized agricultural or horticultural purpose,
and are not otherwise precluded from classification in
subheading 9817.00.5000 by U.S. Notes to Subchapter XVII,
HTSUSA.
HOLDING:
Beaverfoam and Megablock nest boards are classifiable in
subheading 3926.90.9050, HTSUSA, as indicated.
However, these articles may be eligible for free entry
under subheading 9817.00.5000, HTSUSA, upon compliance with
the actual use requirements of sections 10.131 through and
including 10.139, Customs Regulations. Copies of these
provisions are enclosed for your reference.
Sincerely,
John Durant, Director
Commercial Rulings Division
Enclosure
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