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June 5, 1998

CLA-2-84:TC:A15: MLL C87633


TARIFF NO.: 8481.80.9025

Ms. Judy Campbell

W.Y. Moberly, Inc.

Box 164

Sweetgrass, Montana 59484

RE: The tariff classification of the Langemann Gate and Controller System from Canada.

Dear Ms. Campbell:

In your letter dated May 1, 1998 on behalf of Aqua Systems 2000 Inc., you requested a tariff classification ruling.

The Langemann Gate and Controller System is a water level and flow control device typically used in irrigation canals, water treatment plants, spillways, and diversion structures. This system functions as a vertically adjustable weir. The controller can be set to maintain a constant water level behind the gate or to provide a uniform downstream flow. The input of sensors is used to adjust the degree to which the gate is open. The gate is powered by a solar panel.

The applicable subheading for the Langemann Gate and Controller System will be 8481.80.9025, Harmonized Tariff Schedule of the United States (HTS), which provides for Tap, cocks, valves, and similar appliances... :Other appliances:Other: Other: With electrical or electrohydraulic actuators:Other. The general rate of duty will be 2.3 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.


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