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NY 891565




November 10, 1993

CLA-2-27:S:N:N6:221 891565

CATEGORY: CLASSIFICATION

TARIFF NO.: 2715.00.0000

Mr. David Wise
Canus Industries Inc.
3927 Grant Street
Burnaby, B.C., Canada V5C 3N4

RE: The tariff classification of pipe line primer and pipe tape from Canada.

Dear Mr. Wise:

In your letter dated October 12, 1993, you requested a tariff classification ruling.

The Talon pipe tape is described as primer activated line roll tape. It consists of polyethylene laminated to a primer activated bitumen rubber adhesive. It is applied to piping to aid in the prevention of corrosion once the piping is buried. It is supplied in roll form, in lengths of 100 feet and widths from 2 inches to 18 inches.

The second product is described as Talon pipe line primer. It is used in conjunction with the above described Talon pipe tape. The primer prepares the pipe surface for wrapping and activates the bitumen rubber adhesive on the back of the tape. It is composed of bitumen, naphtha and toluene. It is packaged in 1 U.S. gallon cans, 5 U.S. gallon pails, and 50 U.S. gallon drums.

The applicable subheading for the Talon pipe line primer will be 2715.00.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for bituminous mixtures based on natural asphalt, on natural bitumen, on petroleum bitumen, on mineral tar or on mineral tar pitch. This subheading is free of duty.

Your inquiry does not provide enough information for us to give a classification ruling on the Talon pipe tape. Your request for a classification ruling should include a breakdown showing separate weights and values for each component in the tape. Separate weights and values must be shown for the bitumen, for the rubber, and for any other ingredients in the bitumen/rubber adhesive. Please supply a separate measurement of the thickness of the polyethylene layer versus the bitumen/rubber layer. Please describe the separate function which the polyethylene, the rubber, the bitumen, and any other ingredients, play in the finished tape. The functions of the bitumen and the rubber must be described separately. Though samples were submitted with your letter, all have been adhered to a paper backing and cannot be examined adequately. Please submit a sample on a plastic sheet, so that it can be peeled off and examined.

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

Sincerely,

Jean F. Maguire
Area Director

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