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NY 806378

February 24, 1995

CLA-2-84:S:N:N1:103 806378


TARIFF NO.: 8479.89.9599; 8413.50.0090

Mr. Richard R. Vitale
Tokyu World Transport (USA), Inc.
945 Dillon Drive
Wooddale, IL 60191

RE: The tariff classification of automatic lubricators from Switzerland or Germany

Dear Mr. Vitale:

In your letter dated January 20, 1995 on behalf of PLI Inc. you requested a tariff classification ruling.

The Grease Max is mounted on various machines in order to automatically inject a lubricant at a constant rate without utilizing pumps, motors, or electric power. It consists of a base and a disposable grease container with a screw top. The top contains a metal pellet and a bladder filled with an electrolytic fluid. When the activating screw is manually turned the metal pellet is exposed to the electrolytic fluid, causing a chemical reaction which produces a gas. The gas expands the rubber bladder against a piston, thus forcing the lubricant from its container. The chemical reaction which produces the gas can be controlled in order to vary the discharge rate of the lubricant. The Grease Max will be imported without grease, which will be packed into the unit prior to selling it to the end user.

The Simalube automatic grease dispenser operates in a fashion similar to that of the Grease Max. It will also be imported without grease. However, unlike the Grease Max, it can be re-used two times by refilling it with grease and inserting a new metal pellet.

The Memolub is a variable stroke piston pump which dispenses a lubricant from disposable cartridges. It incorporates a battery-powered electric motor with an output of 1.6 watts, suction and outlet valves, a cylindrical piston, stroke limiting rings, and a spring. A mechanical drive system lifts the piston up, thus compressing the spring. The spring then drives the piston downward to expel the lubricant. Dosage adjustment is obtained by means of the stroke limiting rings. As with the other units, the Memolub will be imported without lubricant.

The applicable subheading for the Grease Max and Simalube will be 8479.89.9599, Harmonized Tariff Schedule of the United States (HTS), which provides for machines and mechanical appliances having individual functions, not specified or included elsewhere...Other machines and mechanical appliances: Other: Other: Other. The rate of duty will be 3.5 percent ad valorem.

The applicable subheading for the Memolub will be 8413.50.0090, HTS, which provides for pumps for liquids, whether or not fitted with a measuring device: other reciprocating positive displacement pumps. The rate of duty will be 2.4 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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