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NY N018537

November 8, 2007



TARIFF NO.: 8481.90.9080

Mr. Richard Chapman
Parker Hannifin Corporation
501 South Sycamore Street
Syracuse, IN 46567

RE: The tariff classification of a diaphragm from Taiwan

Dear Mr. Chapman:

In your letter dated October 15, 2007 you requested a tariff classification ruling. Descriptive literature along with an illustration was submitted.

The article you plan to import is described as an FKM diaphragm, Part Number X39A827X01. This diaphragm is molded over a steel insert. It is used in the nozzle of a gas pump and works like an actuator. The flexing of the diaphragm causes the steel insert to trigger the lever mechanism and forms a “seal” that shuts off the flow of fuel.

You suggest the article in question is correctly classified under subheading 8413.91.9080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other parts of pumps. Although the “seal” is prima facie a part of a metering pump, it is more specifically a part of the pump’s nozzle, which is a valve. Therefore, the “seal” is a part of a valve and classified under heading 8481, HTSUS.

The applicable subheading for the diaphragm will be 8481.90.9080, HTSUS, which provides for parts of taps, cocks, valves and similar appliances. The rate of duty is free.

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.


Robert B. Swierupski

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