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NY J87384




July 24, 2003

CLA-2-73:RR:NC:N1:113 J87384

CATEGORY: CLASSIFICATION

TARIFF NO.: 7326.90.8587

Ms. Heather Ganley
Taco, Inc.
1160 Cranston Street
Cranston, RI 02920

RE: The tariff classification of an air scoop from India.

Dear Ms. Ganley:

In your letter dated July 10, 2003, you requested a ruling on tariff classification.

The merchandise is an air scoop used on a heating system to eliminate air from the system. The 1-inch and 1 ¼-inch air scoop have a vent connection at the top and a diaphragm expansion tank connection at the bottom. The air scoop has no mechanical features. It uses a system of internal baffles to slow the water velocity. You propose classification in heading 9026. However, the purpose of the import will be to “eliminate air from the heating system.” It does not measure or check the level of a variable quantity that describes a fluid, nor is it a part or accessory of an item that does.

The applicable subheading for this product will be 7326.90.8587, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of iron or steel, other. The general rate of duty will be 2.9 percent ad valorem.

Articles classifiable under subheading 7326.90.8587, HTS, which are products of India may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term "GSP".

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

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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