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NY G85512




January 31, 2001

CLA-2-38:RR:NC:2:239 G85512

CATEGORY: CLASSIFICATION

TARIFF NO.: 3824.90.9050

Ms. Vicki W. Talley
Komatsu America International Co.
Ripley Parts Operation
101 N. Industrial Rd.
Ripley, TN 38063

RE: The tariff classification of an "Air Dryer Repair Kit" from Japan.

Dear Ms. Talley:

In your letter dated December 19, 2000, you requested a tariff classification ruling for an air dryer repair kit which you have stated is designed for use in repairing the air dryer on the air brakes of construction equipment. This product prevents the brakes from locking up due to water in the brake lines. A sample kit was submitted with your inquiry.

The air dryer kit consists of the following: a filter, oil, 2 gaskets, 2 air filters, a seal ring, 4 O-rings, a valve assembly, and desiccant. The desiccant aids in keeping moisture from forming and causing brake failure. It predominates over the other components in the set by both weight and value, and plays a major role in the kit. The components constitute a set, with the essential character imparted by the desiccant.

The applicable subheading for the kit will be 3824.90.9050, Harmonized Tariff Schedule of the United States (HTS), which provides for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included; residual products of the chemical or allied industries, not elsewhere specified or included: other. The rate of duty will be 5 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 Andrew Stone at 212-637-7063.

Sincerely,

Robert B. Swierupski
Director,

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