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NY N016825




October 5, 2007

CLA-2-84:OT:RR:NC:N1:106

CATEGORY: CLASSIFICATION

TARIFF NO.: 3917.33.0000; 8424.90.9080

Ms. Sandra Welsh
Orbit Irrigation Products, Inc.
845 North Overland Road
North Salt Lake, UT 84054

RE: The tariff classification of various sprinkler risers from China

Dear Ms. Welsh:

In your letter dated August 30, 2007 you requested a tariff classification ruling. The samples which you submitted were examined and disposed of.

The first product is identified as the “Multi-Flex Riser” and is said to be available in various sizes. These risers are of plastic, are blue in color and used for placing sprinkler heads in hard-to-reach places. The flexible tubing is fitted with a threaded component at each end for installation. Pictured below is the sample you submitted of item 37321:

The second item is identified as the “Adjustable Height Plastic Shrub Riser” which is adjustable from 16’ to 30” in height. The height of the riser is adjusted and held in place by tightening a fitting. Both ends are ½” male pipe thread and are compatible with any ½’ female sprinkler head. This shrub riser is made of plastic. The sample you submitted is pictured below:

The last item is identified as the “Spring-loaded Riser”, which is designed with a 10” pop-up height and retracts when the water is turned off. The riser is designed to be out of sight in the foliage and then pop-up over the plants when the sprinklers are turned on. Both male ends are ½” male pipe thread. The spring-loaded pop-up riser is mostly of plastic and includes a steel spring to elevate the pop-up component. The sample you submitted is pictured below:

It should be noted that the “Multi-Flex Riser” and the “Adjustable Height Plastic Shrub Riser” are distinguished from the “Spring-loaded Riser” in that the latter contains a mechanical feature, namely, the spring-loaded pop-up component, which differentiates it from plastic pipes or tubes.

The applicable subheading for the “Multi-Flex Riser” and the “Adjustable Height Plastic Shrub Riser” will be 3917.33.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other tubes, pipes and hoses, of plastics, other, not reinforced or otherwise combined with other materials, with fittings. The rate of duty will be 3.1 percent ad valorem.

The applicable subheading for the “Spring-loaded Riser” will be 8424.90.9080, HTSUS, which provides for other parts of mechanical appliances for projecting, dispersing or spraying liquids. The rate of duty will be Free.

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 Patrick Wholey at 646-733-3013.

Sincerely,

Robert B. Swierupski
Director,

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