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NY N019160





November 20, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 8414.59.6060

Ms. Heather Gershon
Masterpiece International, Ltd.
2300 Higgins Road, Suite 301
Elk Grove Village, IL 60007-2618

RE: The tariff classification of a DC powered air pump/compressor from China

Dear Ms. Gershon:

In your letter dated October 25, 2007 you requested a tariff classification ruling on behalf of your client Aero Products International Inc. Descriptive literature along with a sample was submitted. The sample will be returned as you requested.

The item in question is described as a direct current (DC) battery powered air pump/compressor with a built in LED flashlight. This pump has an operating pressure of .42 pounds per square inch (psi) with a DC plug in option and comes with a multi use adapter for beds, beach toys, etc. While the air pump incorporates a flashlight, we find that the pump performs the principal function.

You suggest the air pump/compressor is correctly classified under subheading 8414.80.1685, Harmonized Tariff Schedule of the United States (HTSUS), which provides for portable air compressors under 0.57 cubic meters per minute. However, the air pump/compressor has an operating pressure of less than 35 psi. Therefore, the item is classified as a fan and is more specifically provided for elsewhere in heading 8414, HTSUS.

The applicable subheading for the fan will be 8414.59.6060, HTSUS, which provides for other centrifugal fans. The rate of duty will be 2.3 percent 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 Kenneth T. Brock at 646-733-3009.

Sincerely,

Robert B. Swierupski
Director,

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