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NY K80445




November 12, 2003

CLA-2-39:RR:NC:SP:221 K80445

CATEGORY: CLASSIFICATION

TARIFF NO.: 3917.32.0020; 3917.40.0090

Ms. Sandra Walsh
Orbit Irrigation Products, Inc.
P.O. Box 328
Bountiful, Utah 84011-0328

RE: The tariff classification of tubes and tube fittings from China.

Dear Ms. Walsh:

In your letter dated October 23, 2003, you requested a tariff classification ruling.

Samples were provided with your letter. The Blu-Lock ½” tubing (Orbit Part Numbers 37980, 37981, 37982 and 37984) is composed of low-density polyethylene plastic and will be imported in both rolls and pre-cut lengths. The fittings, which include elbows (Orbit Part Numbers 37970, 37971, 37972 and 37973), couplings (Orbit Part Number 37976), adapters (Orbit Part Numbers 37974 and 37975) and swing-joint elbows (Orbit Part Number 37979), are composed of ABS plastic. The fittings are not attached to the tubing at the time of importation and will be sold separately. The tubing and fittings will be used in irrigation systems. As you requested, the samples will be returned.

The applicable subheading for the plastic tubing will be 3917.32.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for tubes, pipes and hoses and fittings therefor (for example, joints, elbows, flanges) of plastics, other, not reinforced or otherwise combined with other materials, without fittings, of polyethylene. The rate of duty will be 3.1 percent ad valorem.

The applicable subheading for the plastic tube fittings will be 3917.40.0090, HTS, which provides for tubes, pipes and hoses and fittings therefor (for example, joints, elbows, flanges) of plastics, otherfittings, other. The rate of duty will be 5.3 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 Joan Mazzola at 646-733-3023.

Sincerely,

Robert B. Swierupski
Director,

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