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NY 872602

April 14, 1992

CLA-2-39:S:N:N3G:221 872602


TARIFF NO.: 3926.90.9090

Mr. Darren Rogers
Milne & Craighead Customs Brokers (USA) Inc. P.O. Box 126
Portal, ND 58772

RE: The tariff classification of ventilation inlets from Canada.

Dear Mr. Rogers:

In your letter dated March 18, 1992, on behalf of Del-Air Systems, Canada, you requested a tariff classification ruling.

The inlet is used with ventilation systems designed for confined animals in barns. It consists of a pressure activated styrofoam baffle inside a polyethylene housing. The inlet is activated by changes in air pressure in the barn resulting from the operation of separate exhaust fans. As the fan increases in airflow and the negative pressure in the barn increases, the spring attached to the baffle allows the baffle to open and fresh air to enter the barn. As the pressure decreases the tension spring tightens and eventually closes the baffle.

The applicable subheading for the ventilation inlets will be 3926.90.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem.

Goods classifiable under subheading 3926.90.9090, HTS, which have originated in the territory of Canada, will be entitled to a 3.1 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.


Jean F. Maguire
Area Director

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