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NY B85194





May 7, 1997

CLA-2-84:RR:NC:1:102 B85194

CATEGORY: CLASSIFICATION

TARIFF NO.: 8413.81.0040

Mr. Skip Gray
A.N. Deringer, Inc.
RR3
Box 5400
Houlton, Maine 04730-0337

RE: The tariff classification of a product recovery system from Canada.

Dear Mr. Gray:

In your letter dated April 14, 1997 you requested a tariff classification ruling on behalf of your client G-Tec Jacques Incorporated.

The item in question is identified as the "HYDROSCREEN" product recovery system. The Hydroscreen system relies on water exclusion technology to recover free phase petroleum product accumulating in soil and water as a result of oil spills or leaks.

The Hydroscreen system consists of a liquid pump and an operating control system. The pump and the control system are intended to contribute together to ensure that only clean and dry hydrocarbon product is pumped from recovery wells. All water and suspended particulate remains in the ground.

The pump is a submersible peristaltic pump which is powered by compressed air. The pump is designed to operate within 2 inch or larger diameter recovery wells and will operate up to a maximum pumping depth of 250 feet.

The control system places the pump intake at the water/product interface and automatically cycles the pump on and off in response to the to the accumulation of hydrocarbon product in the recovery well. The pump is activated only if product has accumulated in the well.

The applicable subheading for the Hydroscreen product recovery system will be 8413.81.0040, Harmonized Tariff Schedule of the United States (HTSUSA), which provides for other pumps for liquids. The rate of duty will be 1.2 percent ad valorem.

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 212-466-5493.

Sincerely,

Robert Swierupski
Chief, Metals and Machinery Branch

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