RE: the Tariff Classification of a Misting Tube from China

N249087

January 23, 2014

CLA-2-39:OT:RR:NC:N4:421

CATEGORY: Classification

TARIFF NO.: 3917.33.0000

Ms. Lorianne Aldinger

Rite Aid Corporation

P.O. Box 3165

Harrisburg, PA 17105

RE: The tariff classification of a misting tube from China

Dear Ms. Aldinger:

In your letter dated December 31, 2013, you requested a tariff classification ruling.

The sample provided with your letter is identified as “Misty Mate Umbrella Mister,” Rite Aid Item 9032714. The product is marketed as a portable misting system that fits onto a garden umbrella or similar canopy to cool the environment by dispersing water in the form of a fine mist. The system consists essentially of a twenty foot length of polyethylene tubing with a fitting at one end to attach to a garden hose or outdoor spigot. It is imported as a kit that includes seven mounting clips to attach the tubing to an umbrella or canopy and six misting nozzles that screw onto threaded connectors incorporated in the tubing. The system operates strictly by means of the water pressure in the hose.

The applicable subheading for the misting system will be 3917.33.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for tubes, pipes and hoses and fittings therefore, of plastics: other tubes, pipes and hoses: other, not reinforced or otherwise combined with other materials, with fittings. The rate of duty will be 3.1 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Joan Mazzola at (646) 733-3023.

Sincerely,

Gwenn Klein Kirschner

Acting Director

National Commodity Specialist Division