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NY I89686




January 29, 2003

CLA-2-84:RR:NC:1:102 I89686

CATEGORY: CLASSIFICATION

TARIFF NO.: 8481.80.9050, 8481.90.9080

Mr. H.C. Mentz
Wastewater Diversion Systems, Inc.
P.O. Box 389
Mechanicsville, Virginia 23111

RE: The tariff classification of flush and waste diversion valves from Australia

Dear Mr. Mentz:

In your letter dated December 19, 2002 you requested a tariff classification ruling on behalf of Wastewater Diversion Systems. The articles in question are described as flush and waste diversion valves and identified as the Fox DD600, FF600, SCS 600, and CMS 600. Descriptive literature was submitted.

Based on the information submitted, the Fox DD 600 is used for the automatic diversion of wash water. It is comprised of a plastic pit with a brass diversion valve inside, a steel grate, a plastic silt and solids tray, and a demand valve. The FF 600 is used for the automatic diversion of the first flush of rainwater on a polluted surface to a sewer or other treatment basin. It consists of the same items as the DD 600 with the addition of a control panel. The control panel consists of a programmable logic controller, a demand valve, and piping. The SCS 600 is a spill control system and the CMS 600 is a constant monitoring system. Both are the same as the FF 600 with the addition of sensors in the pit. You also indicate that the plastic pits may be imported without valves or sensors.

The applicable subheading for the Fox DD600, FF600, SCS 600, and CMS 600 will be 8481.80.9050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other taps, cocks, valves and similar appliances. The rate of duty will be 2 per cent ad valorem.

The applicable subheading for the plastic pits, when presented separately, will be 8481.90.9080, HTSUS, which provides for other parts of taps, cocks, valves and similar appliances. The rate of duty is free.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Kenneth T. Brock at 646-733-3009.

Sincerely,

Robert B. Swierupski
Director,

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