CLA-2-39:S:N:N3G:221 860284

Ms. Kim Bashaw
A.N. Deringer, Inc.
800 Proctor Avenue
Ogdensburg, New York 13669

RE: The tariff classification of tanks, pipes and fittings from Canada

Dear Ms. Bashaw:

In your letter dated February 4, 1991, on behalf of Tom Roy Fiberglass Mfg. Ltd., Canada, you requested a tariff classification ruling.

The first group of products consists of various tanks, all exceeding 300 liters in capacity. Some of these tanks are made entirely of fiberglass reinforced plastics. Other tanks are made with a lining of a thermoplastic material such as polyvinyl chloride, polyvinylidene fluoride, or polypropylene, reinforced on the outside with fiberglass reinforced plastics. The second group of products consists of pipes made of fiberglass reinforced plastics materials, used to convey corrosive chemicals and gases.

The third group of products consists of various pipe fittings, such as flanges, elbows, tee joints and reducers, which are also made from plastics materials.

The applicable subheading for the tanks will be 3925.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for builders' ware of plastics, not elsewhere specified or included, reservoirs, tanks, vats and similar containers, of a capacity exceeding 300 liters. The rate of duty will be 6.3 percent ad valorem.

The applicable subheading for the pipes will be 3917.39.0050, HTS, which provides for tubes, pipes and hoses and fittings therefor, of plastics... other. The rate of duty will be 3.1 percent ad valorem.

The applicable subheading for the fittings will be 3917.40.0000, HTS, which provides for tubes, pipes and hoses and fittings therefor, of plastics...fittings. The rate of duty will be 5.3 percent ad valorem.

Goods classifiable under subheading 3925.10.0000, HTS, which have originated in the territory of Canada, will be entitled to a 4.4 percent ad valorem rate of duty under the United States- Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

Goods classifiable under subheading 3917.39.0050, HTS, which have originated in the territory of Canada, will be entitled to a 2.1 percent ad valorem rate of duty under the FTA upon compliance with all applicable regulations.

Goods classifiable under subheading 3917.40.0000, HTS, which have originated in the territory of Canada, will be entitled to a 3.7 percent ad valorem rate of duty under the FTA upon compliance with all applicable regulations.

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