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NY N014750




August 22, 2007

CLA-2-84:RR:NC:N1:104

CATEGORY: CLASSIFICATION

TARIFF NO.: 8479.89.9897

Ms. Sandy Wieckowski
Manager
Expeditors Tradewin, LLC
11101 Metro Airport Center Drive
Bldg. M2, Suite 110
Romulus, MI 48174

RE: The tariff classification of vacuum cups from an unknown country.

Dear Ms. Wieckowski:

In your letter dated July 6, 2007, on behalf of Wood’s Powr-Grip Co., Inc., you requested a tariff classification ruling.

You state that the vacuum cups can be used for a variety of applications, such as removing and carrying glass, appliances, counter tops, stoves, vending machines, or any other material with a smooth nonporous surface. You describe the vacuum cups as being manually operated and employing the force of atmospheric pressure to grip a surface. The vacuum cups contain a hand-actuated pump that removes air from between the cup’s rubber pad and the attaching surface, thus creating a reliable hold. The vacuum cup’s pump features a plunger with a red line, which serves as a vacuum indicator. When the cup is attached completely, the plunger stops moving and the red line is hidden within the pump. If air leaks into the rubber pad, the red line becomes visible and a check valve allows the user to re-pump the cup without losing the remaining vacuum seal. A release mechanism allows air to refill the evacuated space so the vacuum cup detaches completely without after-stick.

The applicable subheading for the vacuum cups will be 8479.89.9897, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter, parts thereof: Other machines and mechanical appliances: Other: Other: Other. The general rate of duty will be 2.5% ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Patricia O’Donnell at 646-733-3011.

Sincerely,

Robert B. Swierupski
Director,

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