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NY N011812




June 20, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9980

Mr. John L. Anctil
Livingston International Trade Services, Inc. 97 Route 2 South
Alburgh, VT 05440

RE: The tariff classification of a collapsible firefighter’s back tank from Canada.

Dear Mr. Anctil:

In your letter dated May 22, 2007, on behalf of Mercedes Textiles Ltd., Canada, you requested a tariff classification ruling.

A sample was provided with your letter. The sample is a 5-gallon collapsible back tank or bag composed of a polyester fabric that is heavily and visibly coated on both sides with polyvinyl chloride (PVC) plastics. The bag has a textile strap so that it can be carried or worn on the back and a plastic fitting to which a hose can be connected. The bag is one component of the “Back Tank,” which also includes a pump and a hose. The complete Back Tank system is used for small firefighting tasks such as wetting smoldering embers and leaves that remain after a forest fire has been extinguished. The foam grade PVC allows for use with Class A foam. This ruling concerns only the classification of the collapsible bag when it is imported separately from the pump and hose.

The applicable subheading for the 5-gallon collapsible tank or bag will be 3926.90.9980, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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