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NY N014799




August 21, 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 Positioners 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 describe the Positioners (item #’s POSB1P9AC and POSF1P9AC) as vacuum vises used for glass handling. You state that they provide 360-degree edgewise rotation and can be set to four tilt positions between upright and flat for glass positioning. The positioners each contain a diaphragm style pump and rubber vacuum pad, which is used to hold the glass in place. The positioners can hold up to 150 pounds and operate on 120 volts of AC power. Each positioner also contains a foot pedal which serves as a vacuum release to keep the operator’s hands free for better control of the glass. The product is available in floor standing or bench mount models and is constructed of 85% aluminum, 12% steel, 5% rubber and 3% brass.

The applicable subheading for the Positioners (items #’s POSB1P9AC and POSF1P9AC) 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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