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NY H85326





August 27, 2001

CLA-2-83:RR:NC:1:118 H85326

CATEGORY: CLASSIFICATION

TARIFF NO.: 8307.10.6000

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

RE: The tariff classification of Sta-Flex tubes 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 Sta-Flex tubes. They are flexible stainless steel tubes that will come in two grades of stainless steel, 316L and 294C. They are in 25-foot lengths. Their primary purpose is to be line a chimney for high efficiency gas and oil furnaces.

The applicable subheading for the Sta-Flex tubes will be 8307.10.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for flexible tubing of base metal, with or without fittings: of iron or steel: other. The general duty rate will be 3.8% ad valorem.

Consideration was given to classifying this product under subheading 8307.90.6000, HTS, as you have suggested. However, your suggested classification is deemed inappropriate as the merchandise is made from stainless steel.

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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