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NY C80756




November 14, 1997

CLA-2:84:RR:NC:1:102 C80756

CATEGORY: CLASSIFICATION

TARIFF NO.: 8481.80.5090

Mr. Rodney Ralston
Trans-Border Customs Services, Inc.
One Trans-Border Drive
P.O. Box 800
Champlain, NY 12919

RE: The tariff classification of a water saving device for toilets from Canada.

Dear Mr. Ralston:

In your letter dated October 15, 1997 you requested a tariff classification ruling on behalf of your client Econo H2O.

The item in question is a secondary tank designed to be installed inside a toilet tank. The device consists of a plastic receptacle with a flexible plug and wedges of styrofoam which are used to secure the receptacle inside the tank. The plug is made of a thermoplastic elastomer which is considered to be plastics material for tariff classification purposes. A metal chain on the plug is designed to be attached to the chain which connects to the toilet flush handle. A sample and demonstration video were submitted.

The device is designed so that when the handle is depressed and quickly released, the plug remains sealed on the receptacle, preventing the water in the secondary tank from escaping, thus conserving water. When the handle is depressed and held for a few seconds, the plug is raised from the receptacle, releasing water in the secondary tank as well, thus allowing a more forceful flush when necessary. The device functions as a valve to control the flow of fluid. The sample is being returned as you requested.

The applicable subheading for the water saving device will be 8481.80.5090, Harmonized Tariff Schedule of the United States (HTS), which provides for other hand operated valves of other materials. The general rate of duty will be 3.6 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 B. Swierupski
Director,

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