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NY 885779

June 1, 1993

CLA-2-40:S:N:N6:221 885779


TARIFF NO.: 4009.10.0000

Mr. Chris G. Fournillier
Tuporex International, Inc.
9341 East Purdue #275
Scottsdale, Arizona 85258

RE: The tariff classification of irrigation tubing from France.

Dear Mr. Fournillier:

In your letter dated April 29, 1993, you requested a tariff classification ruling.

The irrigation tubing is extruded from recycled rubber (65%) mixed with polyethylene (35%). The tubing is porous and the leak rate depends upon the applied water pressure. The tubing is used in various settings, such as gardens, football fields and land with slopes. In your letter you mention that the tubing will be used with an irrigation system consisting of control devices and injection and gauging pumps. Your letter, however, indicates that you intend to import only the tubing itself, and this ruling refers to only tubing when imported alone.

The applicable subheading for the irrigation tubing will be 4009.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for tubes, pipes and hoses, of vulcanized rubber other than hard rubber...not reinforced or otherwise combined with other materials, without fittings. The rate of duty will be 3.1 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.


Jean F. Maguire
Area Director

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