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NY R01141




December 15, 2004

CLA-2-84:RR:NC:1:102 R01141

CATEGORY: CLASSIFICATION

TARIFF NO.: 8413.50.0090

Mr. Matthew A. Clark
Schenker Inc.
990 E. 233rd Street
Carson, CA 90745

RE: The tariff classification of a lubricating pump for a chain saw of unspecified origin

Dear Mr. Clark:

In your letter dated December 2, 2004 you requested a tariff classification ruling on behalf of your client USA Zama.

The article in question is described as an oil pump used in a chain saw. The oil pump is a piston pump that is actuated by gears from the output shaft of the chain saw engine. The function of the oil pump within the chain saw assembly is to lubricate the chain saw chain and chain bar. Photographs of the pump were submitted.

In your request you offer that the pump is properly classified in subheading 8467.91.0100, Harmonized Tariff Schedule of the United States (HTSUS), which provides for parts of chain saws. However, we find that the oil pump is more specifically provided for in HTSUS heading 8413, which provides for pumps for liquids.

The applicable subheading for the oil pump will be 8413.50.0090, HTSUS, which provides for other reciprocating positive displacement pumps for liquids. The rate of duty is 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 Kenneth T. Brock at 646-733-3009.

Sincerely,

Robert B. Swierupski
Director,

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