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NY L83370




April 13, 2005

CLA-2-84:RR:NC:1:120 L83370

CATEGORY: CLASSIFICATION

TARIFF NO.: 8421.29.0065

Mr. Heidar Naristani
Central Purchasing,LLC
3491 Mission Oaks Blvd.
Camarillo, CA 93012

RE: The tariff classification of the GA-322 Automatic Gearbox Oil Exchanger from China.

Dear Mr. Nuristani:

In your letter dated March 17, 2005 you requested a tariff classification ruling.

The GA-322 automatic gearbox oil exchanger connects to the automatic transmission cooler lines of an automobile. A filter is attached to the body of the gearbox exchanger which houses the oil barrels. The unit circulates and cleans the transmission fluid using the pressure generated by the running engine of the motor vehicle. A cleaning solution is pumped into the gearbox and the conversion valve is set to the recycle position to filter and clean oil. The exchanger also performs the function of replacing old oil with new oil by filling one of the bottles connected to the gearbox with new oil. The reverse valve is set to the pressure position and is adjusted as needed to flow oil between the oil inlet and outlet in the new oil barrel and used oil barrel. It is determined the primary function of the exchanger unit is to provide filtered oil to the transmission. Chapter 84, note 7, states in part, that a machine which is used for more than one purpose is, for purposes of classification, to be treated as if its principal purpose were its sole purpose.

The applicable subheading for the GA-322 automatic gearbox oil exchanger will be 8421.29.0065, Harmonized Tariff Schedule of the United States (HTS), which provides for Centrifuges, including centrifugal dryers; filtering or purifying machinery and apparatus, for liquids or gases; parts thereof: Filtering and purifying machinery and apparatus for liquids: Other: Other: Other. The rate of duty will be free.

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 Denise Faingar at (646) 733-3010.

Sincerely,

Robert B. Swierupski
Director,

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