CLA-2-84:S:N:N1:106-872754

Mr. W. J. Gonzalez
Trans-Union Customs Service, Inc.
11841 S. Prairie Avenue
Hawthorne, CA 90250

RE: The tariff classification of sprinklers, nozzles and anti- siphon valves from Taiwan.

Dear Mr. Gonzalez:

In your letter dated March 3, 1992, on behalf of Rain Bird International Inc., you requested a tariff classification ruling. You included a Rain Bird catalogue with your request.

In a telephone conversation with National Import Specialist Patrick Wholey, you limited your request to five items from that catalogue: item RB-99 - Dancing Waters 99 Oscillating Sprinkler; item WB-25 - Impulse Sprinkler; item B-55-C - Heavy-Duty Nozzle; item MAS-075U - Manual Anti-Siphon Valve; and item L-29-C - Power Nozzle. These articles are used around the home for watering lawns and gardens and other utility work.

The RB-99 oscillating sprinkler contains a rotating element in the oscillator motor that continuously varies the water flow and the stream throw. It waters an area measuring 55 feet by 66 feet (3600 square feet).

The WB-25 impulse sprinkler provides full circle or part circle coverage up to 5300 square feet over an 82-foot diameter. An adjustable deflector with diffuser screw controls stream length from a 21-foot to a 41-foot radius. This wheeled sprinkler contains an extra outlet with hose cap to allow in- series connection.

The B-55-C nozzle is a 4 inch heavy duty, solid brass, twist barrel type hose nozzle and may be used for a variety of utility applications.

Item MAS-075U is a brass manual shutoff valve that incorporates an anti-siphon vacuum breaker to prevent backflow. It is used primarily in underground lawn sprinkler systems to control flow to individual lines. This item contains a three- quarter inch valve with a connecting union.

The L-29-C nozzle is a solid brass straight bore through nozzle with no mechanical parts. It is three times more forceful than conventional nozzles and is used for cleaning patios, siding and gutters.

The applicable subheading for the oscillating and impulse sprinklers (items RB-99 and WB-25) will be 8424.89.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for other mechanical appliances (whether or not hand operated) for projecting, dispersing or spraying liquids; other. The duty rate will be 3.7 percent ad valorem.

Machinery, equipment and implements to be used for agricultural or horticultural purposes are provided for under the special classification provision of subheading 9817.00.50, HTS. Upon the submission of actual use certification, as provided in Section 10.131-139 of the Customs Regulations, these sprinklers would be classifiable in subheading 9817.00.5000, HTS, and would be free of duty. The applicable subheading for the B-55-C nozzle will be 8481.80.1050, Harmonized Tariff Schedule of the United States (HTS), which provides for taps, cocks, valves and similar appliances, of copper or copper alloy, which are hand operated. The duty rate will be 5.6 percent ad valorem.

The applicable subheading for the model MAS-075U anti- siphon valve will be 8481.80.1070, Harmonized Tariff Schedule of the United States (HTS), which provides for taps, cocks, valves and similar appliances, of copper or copper alloy, hand operated, globe valve type, with a pressure rating over 850 kPa (125 psi).. The duty rate will be 5.6 percent ad valorem.

The applicable subheading for the L-29-C power nozzle will be 7418.10.2090, Harmonized Tariff Schedule of the United States (HTS), which provides for table, kitchen and other household articles of brass. The duty rate will be 3.7 percent ad valorem.

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

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport