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NY H88212




March 1, 2002

CLA-2-84:RR:NC:MM:106 H88212

CATEGORY: CLASSIFICATION

TARIFF NO.: 8424.10.0000

Mr. Bryan True
Livingston International Consulting Group 6700 Cote de Liesse, Suite 202
St.-Laurent, Quebec H4T 1E3

RE: The tariff classification of a portable foam cart fire extinguisher from Canada.

Dear Mr. True:

In your letter dated January 30, 2002, on behalf of MLH Fire Protection Ltd., you requested a tariff classification ruling. You submitted descriptive literature with your request.

The article in question is identified as the model ML-409 Portable Foam Cart fire extinguisher. Each foam cart is a foam making system comprised of a foam reservoir, dip tube and flex suction hose, eductor, 50 foot supply hose, 50 foot discharge hose, low expansion aspirating foam nozzle, couplings and 36 gallons of aqueous foam, which you indicate will be provided separately by the U.S.A. customer. The portable cart is made of steel and allows the unit to be moved close to a flammable liquid fire. The unit basically contains a mixture of water and fire fighting foam concentrate, which is aerated by induced aspiration at the nozzle to produce expanded fire fighting foam.

The applicable subheading for the portable foam cart fire extinguisher will be 8424.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for fire extinguishers, whether or not charged. The rate of duty will be free.

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 Patrick J. Wholey at 646-733-3013.

Sincerely,

Robert B. Swierupski
Director,

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