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NY A86353



September 6, 1996

CLA-2-39:RR:NC:TP:343 A86353

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.10.5000; 8414.10.0000

Ms. Dianne Weldon
J. E. Lowden & Co.
275 Battery Street, Suite 400
San Francisco, CA 94111-3331

RE: The tariff classification of a vacumizer pump and plastic vacumizer containers from India.

Dear Ms. Weldon:

In your letter dated August 5, 1996, on behalf of your client Celedon Limited, you requested a tariff classification ruling.

You have submitted a catalog depicting the vacumizer pump and vacumizer containers. This product is designed for use in the home as a method to preserve food freshness and flavor. This item consists of a vacumizer pump and three specialized containers made of clear break resistant plastic. The vacumizer pump removes up to 80 percent of the air inside the container. Your letter of inquiry states that you anticipate importing this product in three ways, (1) the vacumizer pump and containers as a set, (2) the vacumizer pump only and (3) the containers only.

The applicable subheading for the vacumizer containers only will be 3924.10.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for tableware, kitchenware, other household articles...of plastics: tableware and kitchenware: other. The rate of duty will be 3.4 percent ad valorem.

The applicable subheading for the vacumizer pump only or the vacumizer pump and the containers as a set, will be 8414.10.0000, HTS, which provides for air or vacuum pumps, air or other gas compressors and fans; ventilating or recycling hoods incorporating a fan, whether or not fitted with filters; parts thereof: vacuum pumps. The rate of duty will be 3.2 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 Alice Masterson at 212-466-5892.

Sincerely,

Roger J. Silvestri
Director

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