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NY H88089




March 4, 2002

CLA-2-84:RR:NC:1:102 H88089

CATEGORY: CLASSIFICATION

TARIFF NO.: 8414.10.0000

Mr. Pete Mento
Expeditors Tradewin, LLC
1015 Third Avenue 12th Floor
Seattle, Washington 98104

RE: The tariff classification of vacuum storage system from Italy

Dear Mr. Mento:

In your letter dated January 23, 2002 you requested a tariff classification ruling on behalf of your client Creative Partners International.

The product in question is identified as a “vacSy®” vacuum storage system used in the preservation of foodstuffs, such as vegetables, beverages, cheese, fruits, meats, etc. You describe the vacuum system as goods put up in a set for retail sale. Descriptive literature and samples were submitted.

Your submission and examination of the samples reveals that the imported vacuum system includes a hand-held vacuum pump with support base, glass containers of various sizes and configurations with specially designed lids, a universal lid, bottle caps and a “bag sealing” unit. Optional products that may be included in a kit include a "cheese bell" for storing cheeses and a spice canister, which are functionally similar to the standard glass containers.

The hand-held vacuum pump included in the vacuum system is used to extract air from a given container. These containers are composed of a silicon seal, a lid valve, which includes a metal suction tip for connection to the vacuum pump, a mesh filter for separating liquid from the foodstuffs, dishwasher-safe glass container, and ring indicators located at the top of the lid to indicate whether the contents are in the process of being vacuum sealed, ready for opening, or closed, and a preparation or expiration date. The universal lid is identical in composition and use to the lid that is used with the glass containers included in the set, but is provided for use in conjunction with vacuum-ready containers that the end user may separately provide. Bottle caps are used to preserve the freshness of liquid contents of wine, carbonated beverages, etc. The vacuum "bag sealing" unit is designed to be used in conjunction with the handheld pump for sealing and storing foodstuffs in plastic storage bags.

The storage components included with the vacuum system are all designed and intended to be used in conjunction with the hand-held vacuum pump. Further, the system components are packaged and imported together, ready for retail sale. Accordingly, we find that the “vacSy®” constitutes goods put up in sets for retail sale and that the vacuum pump is the one component that gives the sets their essential character as a vacuum storage system. .

The applicable subheading for the “vacSy®” will be 8414.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for vacuum pumps. The rate of duty will be 2.5 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 Kenneth T. Brock at 646-733-3009.

Sincerely,

Robert B. Swierupski
Director,

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