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NY R02131




June 28, 2005

CLA-2-84:RR:NC:1:102 R02131

CATEGORY: CLASSIFICATION

TARIFF NO.: 8413.19.0000

Mr. Craig Szelestey
J&S Imports
5 Gabriels Drive
Chester, NY 10918

RE: The tariff classification of a chain oiler from Belgium

Dear Mr. Szelestey:

In your letter dated June 14, 2005 you requested a tariff classification ruling on behalf of J&S Imports.

The article in question is described as the “Pro-Oiler” used to automatically oil the drive chain of a motorcycle. You indicate that the oiler is comprised of a plastic oil reservoir, an electro-mechanical pump, a lubricating nozzle, tubing, a circuit board and a control box with a display. The control box and display allow the operator of the motorcycle to monitor and adjust the flow of oil the chain. The oiler is designed to sense the revolutions of the front wheel of the motorcycle and provide volumetric control of the amount of oil discharged by the electro-mechanical pump. Oilers for motorcycles without an electronic speedometer will also have a magnetic switch that senses the revolutions of the front wheel.

In your request you offer that the pump is provided for in heading 8413, Harmonized Tariff Schedule of the United States (HTSUS), which provides for pumps for liquids, while the circuit board, control box and other components are provided for in HTSUS heading 9029, which provides for various counters, including revolution counters. However, based on the information you have made available, all the components for the Pro-Oiler are intended to contribute together to a clearly defined function, i.e., to permit volumetric control of the oil discharged by the pump, and are presented together as a functional unit. Accordingly, all the components of the Pro-Oiler are classified together in HTSUS heading 8413 because that is the heading appropriate to the function of the oiler.

The applicable subheading for the Pro-Oiler will be 8413.19.0000, HTSUS, which provides for other pumps for liquids fitted or designed to be fitted with a measuring device. 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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