CLA-2-59:S:N:N3H:350 863976

Mr. Maurice J. Deslauriers
C.S. Emery & Company
One Emery Drive
P.O. Box 149
Norton, VT 05907

RE: The tariff classification of the outer jacket of a fire hose, from Canada.

Dear Mr. Delauriers:

In your letter dated May 16, 1991, on behalf of Niedner Ltd., you requested a tariff classification ruling.

The sample submitted (XL-800), consists of the outer jacket of a fire hose. It is of tubular woven man-made fiber construction and you sent us this sample with the lining that ultimately goes with it. The jacket measures about 2 inches in diameter.

We concur with the position taken in your letter that the applicable subheading for the "jacket" will be 5909.00.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for textile hosepiping and similar textile tubing, with or without lining, of other than vegetable fibers. The duty rate will be 6.5 percent ad valorem. Goods classifiable under subheading 5909.00.2000, HTS, which have originated in the territory of Canada, will be entitled to a 4.5 percent ad valorem rate of duty under the United States- Canada Free Trade Agreement (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