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NY H85324





August 27, 2001

CLA-2-83:RR:NC:1:118 H85324

CATEGORY: CLASSIFICATION

TARIFF NO.: 8307.90.6000

Ms. Tammy L. Swiatkowski
Great Lakes Customs
Brokerage, Inc.
85 River Rock Dr., Suite 202
Buffalo, NY 14207

RE: The tariff classification of a Flexi-Liner tube from Canada.

Dear Ms. Swiatkowski:

In your letter dated August 17, 2001, submitted on behalf of Flex-L International Inc., located in Mississauga, ON Canada, you requested a tariff classification ruling.

You have described your product as Flexi-Liner tube. It is a flexible aluminum tube available in diameters of 3” – 12”. Their primary purpose is to line a chimney for high efficiency gas and oil furnaces.

The applicable subheading for the Flexi-Liner tube will be 8307.90.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for flexible tubing of base metal, with or without fittings: of other base metal: other. The general duty rate will be 3.8% ad valorem.

Consideration was given to classifying this product under subheading 7616.99.5000, HTS, as you have suggested. However, your suggested classification is deemed inappropriate as the heading for flexible tubing of base metal is more specific than your proposal.

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

A copy of this 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 Kathy Campanelli at 212-637-7025.

Sincerely,

Robert B. Swierupski
Director

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