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NY J83652

May 7, 2003

CLA-2-84:RR:NC:1:102 J83652


TARIFF NO.: 8413.50.0090

Ms. Francene C. Hinds
JAV International, INC.
500 Ocean Avenue
East Rockaway, NY 11518-1235

RE: The tariff classification of brass silencers for valves from Taiwan

Dear Ms. Hinds:

In your letter dated April 11, 2003 you requested a tariff classification ruling on behalf of JAV International. The article in question is described as a breast pump bag, style number F30091. A sample was submitted.

Examination of the sample reveals that the breast pump bag is actually a portable electric breast pump designed for use by nursing mothers. The pump is housed in plastic, contains a 12-volt motor and is fitted into a carry-bag that includes a 12-volt power supply. The carry-bag features a zippered flap that allows access to the controls and suction tubes for the pump without having to remove the pump from the bag. . Also included with the carry-bag are three smaller storage bags that contain breast cups used with the suction tubes and various plastic bottles for use in collecting and storing breast milk. You indicate that the submitted sample represents the breast pump, bags and accessories in their condition as imported.

In your request you site a classification ruling, NY G84558, issued by this office on December 15, 2002. Noting the finding in that ruling you offer that the classification for your breast pump bag should fall under subheading 8413.91.9080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other parts of pumps. However, the articles considered in NY G84558 are bags and housings for a breast pump, not complete pumps. The breast pump bag you have presented is a not a part of a pump, but rather a composite article incorporating a complete breast pump.

The applicable subheading for the subject breast pump, together with its carry-bags and accessories, will be 8413.50.0090, HTSUS, which provides for other reciprocating positive displacement pumps. The rate of duty is free.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 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.


Robert B. Swierupski

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