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

Mr. Peter T. Middleton, Esq.
Middleton & Shrull
Attorneys at Law
50 Mall Road, Suite 205
Burlington, MA 01803-4508

RE: The tariff classification of a pneumatic dispenser from Switzerland

Dear Mr. Middleton:

In your letter dated July 29, 2008 you requested a tariff classification ruling on behalf of your client, Sulzer Mixpac USA, Inc. Descriptive literature and a brochure were submitted.

The item in question is described as the MIXPAC DXBG bench dispenser. This dispenser is comprised of a bench stand, a control unit with a foot pedal actuator, a pneumatically driven reciprocating positive displacement metering pump, two refillable containers that hold the chemicals which are fed to the metering pump and a static mixer. The system has five different dispensing ratios depending on the chemicals to be mixed.

The metering pump provides a pre-set dose of the two chemicals which the piston then forces into the static mixer where they are mixed to the proper consistency. The pump pushes the chemicals through the static mixer to the work surface where the resulting mix is deposited. The operator controls the actions of the pump by means of a foot pedal actuator.

The applicable subheading for the pneumatic dispenser will be 8413.19.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other pumps fitted or designed to be fitted with a measuring device. 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.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division