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NY I86424




September 25, 2002

CLA-2-76:RR:NC:N1:113 I86424

CATEGORY: CLASSIFICATION

TARIFF NO.: 7616.99.5050; 7616.99.5090; 7326.20.0070

Ms. Jane L. Taeger
Kuehne & Nagel
820 Cromwell Park Drive, Suite J
Glen Burnie, MD 21061

RE: The tariff classification of boiler vent parts from Germany and Canada

Dear Ms. Taeger:

In your letter dated September 13, 2002, on behalf of Viessmann Manufacturing Company, Inc., you requested a tariff classification ruling.

The seven samples you submitted are parts of a basic vent kit designed for a wall-mounted condensing hot water heating boiler. All of these parts are made in Germany except for one, the protective screen, which is made in Canada. Information received from your office indicates that the various vent parts will be imported separately, and not as complete kits. We are only able to provide classification advice for the samples that we received from you. We will need samples of remaining parts listed in your request in order to classify them.

Item number 7339765 is an aluminum mounting clip that will be used to anchor the vent system to support the weight of the vent pipes.

The applicable subheading for the aluminum mounting clip (7339765) will be 7616.99.5050, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of aluminum, other, other, hangers and supports for pipes and tubes. The rate of duty will be 2.5 percent ad valorem.

Item number 7134238 is a vent pipe adaptor that connects to the boiler. Item number 7339757 is a double wall elbow that connects the adaptor to straight pipe. Item number 7339755 is a double wall extension piece, item number 7339761 is an AZ flue section assembly pipe, and item number 7151263 is an AZ external wall connection. The ventilation pipes are composed of an outer seamed tube of non-alloyed aluminum and an inner tube of flame retardant polypropylene.

The applicable subheading for the vent pipe adaptor (7134238), double wall elbow (7339757), double wall extension piece (7339755), AZ flue section assembly pipe (7339761), and AZ external wall connection (7151263) will be 7616.99.5090, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of aluminum, other, other, other, other, other, other. The rate of duty will be 2.5 percent ad valorem.

The last article is item number 7134237, a protective screen made of steel wire. It will be mounted on the exterior wall to protect the protruding end of the vent terminal.

The applicable subheading for the protective screen (7134237) will be 7326.20.0070, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of iron or steel, articles of iron or steel wire, other. The rate of duty will be 3.9 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 James Smyth at 646-733-3018.

Sincerely,

Robert B. Swierupski
Director,

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