CATEGORY: Classification s189

NY C83789

February 24, 1998

CLA-2-84:RR:NC:1:102 C83789

CATEGORY: Classification

TARIFF NO.: 8413.50.0050

Mr. Cary Weinberg A. Burghart Shipping 1 Cross Island Plaza (Suite 113) Rosedale, New York 11422

RE: The tariff classification of an air operated fluid pump from Spain.

Dear Mr. Weinberg:

In your letter dated January 26,1998 you requested a tariff classification ruling on behalf of your client Tecnomaster International.

The item in question is identified as a "Tecno-matic" pump and described as an air operated double diaphragm pump. The pump is used in industrial applications for pumping a variety of fluid materials. A sample was submitted.

The Tecno-matic pump is an air driven reciprocating positive displacement pump. The pump is equipped with two diaphragm chambers connected by a rod. When pressurized air enters one of the chambers, pressure is exerted on its diaphragm, forcing any fluid contained in that chamber out through a discharge port. While one chamber is being emptied, the connecting rod pulls on the diaphragm of the second chamber, creating a suction and causing the second chamber to fill with fluid. A continuous pumping action results from each chamber alternately filling with and expelling fluid material.

The applicable subheading for the Tecno-matic pump will be 8413.50.0050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for diaphragm pumps. The rate of duty will be 0.6 percent ad valorem.

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 212-466-5493.

Sincerely,

Robert B. Swierupski Director, National Commodity Specialist Division