NY 0850729 - The tariff classification of a plastic oscillating sprinkler and a timer installation kit from Taiwan. - United States International Trade Commision Rulings

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NY 850729

April 18 l990

CLA-2-39:S:N:N3G:343 850729

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.90.5000; 3926.90.9050; 5604.90.0000; 7317.00.5520 7318.12.0000; 8506.19.0000; 8536.90.0060

Mr. K.C. Ericksen
Orbit Underground
P.O. Box 328
Bountiful, Utah 84011

RE: The tariff classification of a plastic oscillating sprinkler and a timer installation kit from Taiwan.

Dear Mr. Ericksen:

In your letter dated February 21, 1990, you requested a tariff classification ruling.

The sample submitted with your letter of request is a plastic oscillating sprinkler, model #58128, equipped with removable flush-out plug, four position dial and filter washer. You stated that this model, #58128, is similar to other plastic sprinklers you now import. The sprinklers currently being imported were classified in PC 841806, dated July 13, 1989.

The applicable subheading for the oscillating sprinkler will be 3924.90.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for tableware, kitchenware, other household articles... of plastics: other: other. The rate of duty will be 3.4 percent ad valorem.

The sample timer installation kit, model number 57057, packaged in a plastic blister pack contains the following items:

1 - 9 volt battery
8 - fork connectors
4 - screws
4 - wall anchors
20 - wire staples
1 - strip double back tape

The applicable subheading for the plastic expanding wall anchors will be 3926.90.9050, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem.

The double sided tape tabs appear to be made of foamed plastics, cut into strips of various widths. Strips measuring not over 5 mm in width are classifiable in 5604.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for rubber thread and cord, textile covered; textile yarn and strip...other. The rate of duty will be 10 percent ad valorem. Your letter does not contain enough information to enable us to classify strips, which are over 5 mm in width. Your request should specify the type of polymer. If a polymer blend, show separate weights for each polymer.

The wire staples are "U" shaped, are pointed at both ends, are made of round steel wire, and are collated on plastic strips. They are about 15 mm in length and 2 mm in diameter.

The applicable subheading for the staples will be 7317.00.5520 HTS, which provides for nails, tacks, drawing pins, corrugated nails, staples...of iron or steel...other: other: made of round wire. The rate of duty will be 0.5 percent ad valorem.

There are two screw models included in the timer installation kit - .160" x 1 1/4" cross recessed pan head wood screw, steel, with 15 threads per inch and .128" x 1" cross recessed pan head wood screw, steel with 18 threads per inch.

The applicable subheading for the wood screws will be 7318.12.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for screws, bolts, nuts...of iron or steel: other wood screws. The rate of duty will be 12.5 percent ad valorem.

The applicable subheading for the nine volt battery will be 8506.19.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for primary cells and primary batteries; parts thereof: other. The rate of duty will be 5.3 percent ad valorem.

The applicable subheading for fork connectors will be 8536.90.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits...other apparatus. The rate of duty will be 5.3 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport

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