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NY K83582




March 15, 2004
CLA-2-39:RR:NC:SP:221 K83582

CATEGORY: CLASSIFICATION

TARIFF NO. 3924.90.5500; 8413.20.0000

Ms. Pilar Dorfman
E. Besler & Company
P. O. Box 66361
Chicago, IL 60666-0361

RE: The tariff classification of Avent baby feeding products from England.

Dear Ms. Dorfman:

In your letter dated February 20, 2004, on behalf of Avent America, you requested a classification ruling.

You have submitted five samples of Avent baby feeding products. Item number 575 is a 10 count refill pack of disposable bases. The bases are pre-sterilized 8-ounce cups made of recyclable polypropylene plastic. The refill bases are used with the Avent lids (lids not included) for easy storage or transport of the baby's feeding formula when mothers are breastfeeding or bottle feeding infants.

Item number 579 is an Avent refill pack that contains 5 - 8-ounce bases. The bases are made of recyclable polypropylene plastic. The lids are not included in this package.

The remaining three samples consist of various baby products packaged in "sets" ready for retail sale. Each set will be packaged in a cardboard box depicting the contents inside. The cardboard boxes will be wrapped and sealed in clear plastic.

Item number 576 is an Avent Nurser Kit. The Avent Nurser includes 5 - 8 - ounce bases, 5 lids, 1 adapter, 1 screw ring, 1 newborn nipple and 1 dome cap. The adapter, screw ring and nipple can be attached to the pre-sterilized base and function as a bottle for infant feeding. The dome cap is used for protection of the nipple. The stackable bases and lids are used for storing and transporting milk for the baby.

Item number 577 is a Breast Pump Kit. This kit includes an ISIS Breast Pump, 5 6-ounce bases, 5 lids, 2 bottle adapters and 2 newborn nipple travel packs. Using the adapter, mothers can pump breast milk directly into the 6-ounce sterilized bases for storage of the breast milk. The adapter and nipple can be attached to the base and function as a bottle for infant feeding.

Item number 578 is a Breast Milk Storage Kit. The kit includes 10 - 6 - ounce bases, 10 lids and 2 adapters. The breast milk can be placed in the lid-covered bases for easy storing or transporting. The adapter can be attached to the base and function as a feeding bottle.

The samples are returned as you requested.

Sets 576, 577 and 578 meet the qualifications of "goods put up in sets for retail sale". The components of the sets consist of different articles which are, prima facie, classifiable in different headings. They are put up together to meet a particular need or carry out a specific activity, and they are packed together in a cardboard box and wrapped with clear plastic for sale directly to users without repackaging.

We find that the Breast Pump Kit, item number 577, consists of goods put up in sets for retail sale for the specific purpose of drawing breast milk. Accordingly, the sets shall be classified as if they consisted of the hand operated breast pump which gives the sets their essential character. For styles 576 and 578, the plastic components impart the essential character of the sets.

The applicable subheading for the Avent baby products item numbers 575, 576, 578 and 579 will be 3924.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides for other household articles of plastics: Other: Other. The rate of duty will be 3.4 percent ad valorem.

The applicable subheading for the Breast Pump Kit, item number 577, will be 8413.20.0000, HTS, which provides for hand pumps. The rate of duty will be free.

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,

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