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NY E89162




November 8, 1999

CLA-2-39:RR:NC:SP:221 E89162

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9880

Mr. Andy Clark
Future Sea Technologies Inc.
2231-G McGarrigle Road
Nanaimo, B.C., Canada V9S 4M5

RE: The tariff classification of the SEA System Lensing Unit from Canada.

Dear Mr. Clark:

In your letter dated September 23,1999, you requested a tariff classification ruling.

The SEA System Lensing Unit is part of an assembly used to move water into, through and out of a suspended bag in order to provide a growing environment for aquaculture species, generally salmon. The unit consists of a nonpermeable bag, or pen, an inlet spray bar, and a recovery line. Water enters the bag through the spray bar assembly and exits through a specially designed outlet, creating a flow pattern desirable to fish. The outlet also has a recovery line assembly designed to allow the recovery of dead fish from the bag. The Lensing Unit cannot function until assembled with other components in the field at the point of installation.

The bag comprises over 90 percent of the cost of the unit. A sample swatch of the bag was submitted with your letter. The material consists of polyester textile scrim heavily coated on both sides with polyvinyl chloride (PVC) plastic which is visible to the naked eye other than by change of color. This construction is considered to be of plastics for tariff classification purposes.

The applicable subheading for the SEA System Lensing Unit will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other. The general rate of duty will be 5.3 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 Joan Mazzola at 212-637-7034 .

Sincerely,

Robert B. Swierupski
Director,

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