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HQ 952282


January 12, 1993

CLA-2 CO:R:C:F 952282 EAB

CATEGORY: CLASSIFICATION

TARIFF NO.: 3917.32.0050

Pam Brown, Import Manager
Rogers & Brown Custom Brokers, Inc.
P.O. Box 20160
Charleston, South Carolina 29413-0160

RE: Classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) of polypropylene tubular membranes; material lengths

Dear Ms. Brown:

This is in reply to your written request dated June 8, 1992, in which your request a binding ruling on the classification under the HTSUSA of certain permeable polypropylene tubing.

FACTS:

Along with your written request, you have submitted a 1.5 inch sample, a data sheet and a letter to you from the manufacturer stating the position that the merchandise is classifiable under heading 8421 of the Harmonized System. The data sheet indicates that the merchandise has an inner diameter of 5.5 mm, a wall thickness of 1.5 mm and a nominal pore size of 0.2 microns. The manufacturer has telephonically advised Customs that the merchandise is, or will be, invoiced at $7.70/kilometer.

ISSUE:

What is the classification of permeable polypropylene tubing imported in material lengths?

LAW AND ANALYSIS:

Merchandise imported into the U.S. is classified under the HTSUSA. Tariff classification is governed by the principles set forth in the General Rules of Interpretation (GRIs) and, in the absence of special language or context which otherwise requires, by the Additional U.S. Rules of Interpretation. The GRIs and the Additional U.S. Rules of Interpretation as well as section and chapter notes are part of the HTSUSA and are to be considered statutory provisions of law for all purposes.

Heading 3917 generally describes tubes, pipes and hoses of plastics. Legal Note 8, Chapter 39, provides in part that "the expression 'tubes, pipes and hoses' means hollow products, whether semimanufactures or finished products, of a kind generally used for conveying, conducting or distributing gases or liquids (for example, ribbed garden hose, perforated tubes)."

Heading 8421 covers, among other goods, "filtering or purifying machinery and apparatus, for liquids or gases; parts thereof."

Note 2(a), Section XVI, in which section chapter 84 is found, provides that "[p]arts which are goods included in any of the headings of chapter 84 and 85 * * * are in all cases to be classified in their respective headings."

It is well settled that goods are to be classified according to their condition as imported. The subject tubing is to be imported in material lengths, as indicated by the invoice entry of $7.70/kilometer. We find that the goods as imported are not in any specific shape or form that is identifiable as a part of a filtration device. Furthermore, legal note 8, chapter 39, supra, clearly indicates that the heading covers goods that are both permeable and impermeable.

HOLDING:

Permeable polypropylene tubing imported in material lengths is classifiable under subheading 3917.32.0050, HTSUSA, a provision for tubes, pipes and hoses and fittings therefor (for example, joints, elbows, flanges), of plastics; other tubes, pipes and hoses; other, not reinforced or otherwise combined with other materials, without fittings, other and dutiable at the column one general rate of 3.1 percent per kilogram.

Sincerely,

John Durant, Director

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