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NY J81061




March 6, 2003

CLA-2:39:RR:NC:SP:221 J81061

CATEGORY: CLASSIFICATION

TARIFF NO.: 8481.80.5090; 8483.30.8090; 8483.90.5000

Mr. Michael Mazzarella
UPS Supply Chain Solutions
Hood Business Park
500 Rutherford Avenue
Charlestown, MA 02129

RE: The tariff classification of a Lithostar LP 150 Customer Kit from Belgium.

Dear Mr. Mazzarella:

In your letter dated January 31, 2003, you requested a tariff classification ruling.

The Lithostar LP 150 Customer Kit consists of a selection of items packed together for the purpose of maintaining and repairing the AGFA Lithostar Photo Processor. The customer kit is sold to customers of AGFA who want to perform preventive maintenance or self-repairs on their photo processors. The customer kit consists of a maintenance tool kit, a set of small spare parts to repair the processor, and a cleaning instruction sheet.

The Explanatory Notes to the Harmonized Tariff System provide guidance in the interpretation of the Harmonized Commodity Description and Coding System at the international level. Explanatory Note X to GRI 3(b) provides that the term "goods put up in sets for retail sale" means goods that: (a) consist of at least two 2 different articles which are, prima facie, classifiable in different headings; (b) consist of articles put up together to meet a particular need or carry out a specific activity; and (c) are put up in a manner suitable for sale directly to users without repacking.

Though a kit consisting of just the flush cleaning tool and accessories packed for retail sale might be considered to be a set since all of the items contribute to the function of cleaning, the LP 150 customer kit is put up together for the multiple purposes of cleaning and repair. The LP 150 customer kit is not considered to be a set for tariff classification purposes since the components are not put up together to meet a particular need or carry out a specific activity. Therefore, the contents must be classified separately.

The applicable subheading for the quick snap hose connection, the regulation valve with quick snap connectors, and the sprayer head will be 8481.80.5090, Harmonized Tariff Schedule of the United States (HTS), which provides for other hand operated taps, cocks, valves and similar appliances, hand operated, of other materials. The rate of duty will be 3 percent ad valorem.

The applicable subheading for the bearings and bearing bushings will be 8483.30.8090, HTS, which provides for other plain shaft bearings without housing. The rate of duty will be 4.5 percent ad valorem.

The applicable subheading for the gear wheels and worm wheels will be 8483.90.5000, HTS, which provides for parts of gearing, gear boxes and other speed changers. The rate of duty will be 2.5 percent ad valorem.

You have not provided enough information to classify the remaining components of this set. Please provide complete information about the component material and function of each piece. Your information about the maintenance tool kit should include the following:

Provide the relative cost of the sprayer head versus the sprayer hose.

Waste flow back flushing tool: This component appears to be predominantly metal. Identify the type of metal, and provide a cost breakdown showing a separate cost for the metal component vs. the plastic component.

Universal flushing tool: This component appears to be predominantly of plastics. Please confirm. Does this component incorporate a valve or any mechanical components?

“Silicon” hose 50mm: Hoses are composed of several plies or layers. It appears that this product is not a hose but a tube, made of silicone plastic, not reinforced with any other material. Please confirm. This silicone tube is packaged in a reclosable bag with a connector that is not identified. Please identify the connector, describe how it is used, and indicate if it incorporates a valve.

Hose for flushing the wash section (700 mm): The hose appears to be of plastic, reinforced with textile. Please confirm. Specify the type of plastic (PVC, polyethylene or other).

Hose for sprayer: The hose appears to be of plastic, reinforced with textile. Please confirm. Specify the type of plastic (PVC, polyethylene or other).

Each of the spare parts for the machine must be classified separately. Please note that the identification numbers on the sample labels do not match the part numbers shown in the list of small spare parts. Please renumber all parts so that the samples can be matched to the list of parts. Supply a diagram showing where each part is used in the machine. Please provide enough information about each of the parts so that we may classify. That information should include the following:

Bushings: Identify the component material and describe the function. Circlips: There appear to be both metal and plastic circlips. Identify the component material, specifying the type of metal for those that are metal. Describe the function of each circlip and identify exactly where each is used in the machine. O-rings: Identify the component material and describe the function. For any o-rings identified as rubber, give the specific name of the type of rubber (e.g., SBR, neoprene). Pins: Identify the component material (specify type of metal) and describe the function. Retainer ring: Identify the component material and describe the function. “Sealing”: Identify the component material and describe the product and its function in the machine. Spacer: Identify the component material and describe the function. Spring ring: Identify the component material, describe the function and specify exactly where it is used in the machine.

When this information is available, you may wish to consider resubmission of your request. We are returning all related samples and exhibits. If you decide to resubmit your request, please include all of the material that we have returned to you.

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 Joan Mazzola at (646) 733-3023.

Sincerely,

Robert B. Swierupski, Director
National Commodity Specialist Division

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