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NY N021435




January 14, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 8479.89.9897

Mr. Heiko Miles
Automatic Lubrication Systems, LLC
P.O. Box 1043
Anacortes, WA 98221

RE: The tariff classification of automatic lubricators from Germany.

Dear Mr. Miles:

In your letter dated December 29, 2007, you requested a tariff classification ruling.

You state that the ALS automatic lubricators are designed to be connected to regular grease fittings to provide continuous lubrications to bearings, bushings and other wear components. You further explain that the lubricators can be mounted directly onto the bearing or connected with pipe or hoses. The lubricators come in two sizes. The smaller unit holds 4 ounces of lubricant and the larger unit holds up to 16 ounces. These cylinder shaped units are 4 to 6 inches tall and have a diameter between 3 ¼” and 4 ¾”. The lubricators operate on AAA batteries which provide electricity that activates an electrolytic reaction producing an inert gas. The gas fills a sealed bellow which pushes against a piston that in turn pushes out the lubricant. Switches on top of the unit control the speed of the electrolytic reaction which can last from 1 to 12 months. The lubricator is not refillable and must be removed and replaced with a new unit. The units will be imported empty.

The applicable subheading for the ALS automatic lubricators 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 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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