NY 881532 - The tariff classification of a repair sleeve from Canada. - United States International Trade Commision Rulings

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NY 881532

January 20, 1993

CLA-2-73:S:N:N3:115 881532

CATEGORY: CLASSIFICATION

TARIFF NO.: 7326.90.9090

Mr. Stephen J. Pepi
Great Lakes Customs Brokerage, Inc.
P.O. Box 740
Buffalo, NY 14213

RE: The tariff classification of a repair sleeve from Canada.

Dear Mr. Pepi:

In your letter dated December 18, 1992, you requested a tariff classification ruling, on behalf of your client, Link-Pipe Inc., Richmond Hill, Ontario.

The subject article is a remote stainless steel repair sleeve used for underground pipe repairing. The sleeve ranges in sizes from 6" to 24". It is supported by a closed-cell polyethylene foam gasket. The product is inserted into watermains, sanitary sewers and storm sewers.

The subject article is a composite article that prima facie appears to be classifiable under more than one heading, each equally specific. Classification will accordingly be determined on the basis of that portion of the article which imparts the essential character. We have concluded that there is no essential character for this composite article.
Therefore, it shall be classified under the heading which occurs last in numerical order among those which equally merit consideration.

The applicable subheading for the steel repair sleeve will be 7326.90.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of iron or steel, other. The duty rate will be 5.7% ad valorem.

Goods classifiable under subheading 7326.90.9090, HTS, which have originated in the territory of Canada, will be entitled to a 2.8% rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

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

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