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NY N015631





September 7, 2007

CLA-2-85:RR:E:NC:N1:104

CATEGORY: CLASSIFICATION

TARIFF NO.: 8508.70.0000

Ms. Toni L. Garcia
International Compliance Manager
Emerson Tool Company
8100 W. Floirssant Road
St. Louis, Missouri 63136

RE: The tariff classification of a Ball Float from the United States.

Dear Ms Garcia:

In your letter dated August 13, 2007, you requested a tariff classification ruling.

You describe the item as a Ball Float which is spherical in shape and made of hi-density polyethylene. You state that the item is bought from a U.S. manufacturer and then shipped to Mexico and incorporated into a wet/dry vacuum cleaner. The Ball Float functions by floating in the vacuum’s drum as it fills with water. When the water in the drum reaches a certain level, the Float is pulled into the vacuum inlet. Thus, blocking the inlet and preventing the vacuum from pulling anymore water into the drum. This prevents the vacuum from pulling water through the impeller system and causing severe strain to the vacuum.

The applicable subheading for the Ball Float will be 8508.70.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Vacuum cleaners; parts thereof: Parts. The rate of duty will be free.

Regarding your proposed classification in HTSUS 9032.89, the function that this Ball Float participates in is not included in the only functions covered by HTSUS 9032 per Note 7 to Chapter 90. The function is not an automatic one of giving the instructions to another device to maintain the level at the desired value, stabilized against disturbances. Rather, the machine is turned off and the user must manually reduce the level for it to operate again.

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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