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NY B86021




June 24, 1997

CLA-2-84:RR:NC:MM:106 B86021

CATEGORY: CLASSIFICATION

TARIFF NO.: 8424.89.9080

Mr. Robert F. Seely
KATTEN MUCHIN & ZAVIS
525 West Monroe Street, Suite 1600
Chicago, Illinois 60661-3693

RE: The tariff classification of a baby formula dispenser from China.

Dear Mr. Seely:

In your letter dated May 29, 1997, on behalf of Gerber Products Company, you requested a tariff classification ruling. You submitted a diagram with your request.

The article in question is a baby formula dispenser. The item is a hand-held device that stores a quantity of formula and dispenses an amount by a hand-operated trigger mechanism. Each dispenser is made of plastic and contains a storage bin and a metal strip spring which is used to control the flow of formula past a plastic divider. The spring mechanism causes the divider to snap back into place over the spout, thus limiting the quantity of formula that is dispersed through the spout.

The applicable subheading for the baby formula dispenser will be 8424.89.9080, Harmonized Tariff Schedule of the United States (HTS), which provides for other mechanical appliances for projecting, dispersing or spraying liquids. The rate of duty will be 2.6 percent ad valorem.

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 Patrick J. Wholey at 212-466-5668.

Sincerely,

Robert B. Swierupski
Chief, Metals & Machinery Branch

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