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NY G84558




December 15, 2000

CLA-2-84:RR:NC:1:102 G84558

CATEGORY: CLASSIFICATION

TARIFF NO.: 8413.91.9080

Ms. Stephanie A. Goldfischer
Grunfeld, Desiderio, Lebowitz & Silverman LLP 245 Park Avenue (33rd Floor)
New York, New York 10167-3397

RE: Correction to NY ruling G82547 regarding the tariff classification of carry bags for breast pumps.

Dear Ms. Goldfischer:

In your letter dated November 15, 2000 you requested a correction to the description of articles considered in NY ruling G82547. The ruling was issued to your client Case Technology.

The items in question in ruling G82547 were described as the “Backpack”, part number 3007150, and “Companion/Saddlebag”, part number 3007147, which are carry-bags for breast pumps. Samples and descriptive literature were made available for review.

In your recent request you explain that the “Backpack” is in fact not part number 3007150. Part number 3007150 is just the motor case for a breast pump. The “backpack” is actually comprised of three components: the motor case, the backpack component, part number 3007147, into which the motor case is fitted, and a cooler case, part number 3007151. The combination of motor case, backpack and cooler case, together with an installed breast pump, is sold as article number 57014.

You further indicate that the “Companion/Saddlebag” is not part number 3007147, but rather consists of four separate components identified as the saddlebag companion, part number 3007148, the companion case, part number 3007149, the cooler case, part number 3007151, and the motor case, part number 3007150. The “Companion/Saddlebag”, together with an installed breast pump is sold as article number 57015.

In your initial ruling request, it appears that only the “Backpack” was specifically represented as a carry-bag designed and sold exclusively for use with breast pump systems. You explained that the product contains a rectangular container into which a breast pump motor will be permanently affixed, and that the breast pump cannot be sold without the enclosure provided by the motor case contained in the “Backpack”. In addition, the “Backpack” has storage compartments for spare bottles, suction cups, hoses, as well as for other articles that the user may wish to carry, and includes the cooler pack, which is a specially fitted insulated container to store ice packs and breast milk. In no case is the “Backpack” sold without the breast pump.

Accordingly, this ruling amends the description of the articles considered in ruling G82547 and limits the scope of that ruling to the motor case, part number 3007150, the backpack, part number 300147 and the cooler case, part number 3007151, when presented together as the “Backpack”.

The applicable subheading for the carry-bag identified as the “Backpack” and comprised of part numbers 3007147, 3007150, and 3007151, will be 8413.91.9080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other parts of pumps. The rate of duty is free.

The applicable subheading for the motor case, part number 3007150, when presented separately, will be 8413.91.9080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other parts of pumps. The rate of duty is free.

We cannot render a decision on the classification of the “Companion/Saddlebag” based on the information available. Detailed information explaining how the components of the “Companion/Saddlebag” will be used and the manner in which they will be imported and sold is required. When this information is available, you may wish to consider resubmission of your request.

If you decide to resubmit your request, please include all of the material that we have returned to you. Mail your request U.S. Customs, Customs Information Exchange, Room 437, 6 World Trade Center, New York, NY 10048; ATTN: Binding Rulings Section.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 Kenneth T. Brock at 212-637-7026.

Sincerely,

Robert B. Swierupski
Director,

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