CLA-2 CO:R:C:G 082700 NLP

Ms. Beth Glover
Trans-Border Customs Services
656 Elmwood Avenue, Suite 200
Buffalo, New York 14222

RE: Heat Shrinkable Plastic Tubing

Dear Ms. Glover:

This ruling is in response to your letter of May 18, 1988, on behalf of your client, Canusa, Division of Shaw Pipe Protection Ltd., Canada, requesting a tariff classification of heat shrinkable plastic tubing under the Harmonized Tariff Schedule of the United States (HTSUS). Samples and descriptive literature were submitted for our examination.

FACTS:

The instant merchandise is a heat shrinkable seamless tubular sleeve. It is composed of a backing of crosslinked polyolefin that is coated on the inside with an elastomeric sealant. Standard lengths of the tubular sleeves are 12 inches and 18 inches, with longer lengths available. The tubular sleeves are available in widths of 18 inches, 36 inches and 40 inches. The sample tubular sleeve is 1/16 of an inch thick and has a 2.3-3.3 inch diameter. The tubing is designed for corrosion protection and the sealing of joint connections.

ISSUE:

What is the tariff classification of the plastic heat shrinkable tubing under the HTSUS?

LAW AND ANALYSIS:

Classification of goods under the HTSUS is governed by the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes.

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Heading 3917, HTSUS, covers tubes, pipes and hoses, and fittings therefor, of plastics. According to Note 8 to Chapter 39, the expression "tubes, pipes and hoses" means:

(1) hollow products, whether semi-manufactures or finished products, of a kind generally used for conveying, conducting or distributing gases or liquids (for example, ribbed garden hose, perforated tubes) provided that they have an internal cross-section which is round, oval, rectangular (in which the length does not exceed 1.5 times the width) or in the shape of a polygon; and

(2) sausage casings (whether or not tied or otherwise further worked) and other lay-flat tubing.

Though the legal notes provide for three classes of tubular products, none of these categories covers the instant merchandise. We do not believe that heat shrinkable tubing, designed to protect pipes from corrosion, can be said to be of a kind generally used for distributing gases or liquids. In addition, the instant tubing does not resemble sausage casing or lay-flat tubing. Therefore, this office sees no justification for classifying heat shrinkable tubing in Heading 3917.

Heading 3916 provides for monofilaments of which any cross- sectional dimension exceeds 1 millimeter, rods, sticks, and profile shapes, whether or not surface-worked but not otherwise worked, of plastic. The instant tubing is produced in the same manner and in the same configuration as products which might be called monofilaments; it is produced in a single extrusion into a tubular shape with a uniform diameter throughout. While exceeding the 1 millimeter monofilament requirement, the instant tubing, nonetheless, carries a much wider cross section than allowed by this heading. Though Heading 3916 does not indicate a maximum cross section, a review of dictionary definitions for filament and monofilament leads us to believe that such products must be relatively narrow. Webster's Third New International Dictionary, (Unabridged ed. 1986), p. 848, defines filament as:

a long thin flexible object that has a small cross section;

a single continuous man-made fiber produced from a liquid bath (as by extrusion through a small orifice) and used either in the form of a monofilament or in groups

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Webster's New World Dictionary, (2nd ed. 1972), p. 920, defines monofilament as:

a single, untwisted strand, of synthetic material

In light of the above analysis, the heat shrinkable tubing cannot be classified under headings 3917 or 3916. The submitted types must be classified as other articles of plastic under heading 3926.

HOLDING:

The heat shrinkable plastic tubing is classifiable in subheading 3926.90.9050, which provides for other articles of plastics, other, other, other. The rate of duty is 5.3% ad valorem. Articles originating in Canada and classified in this subheading are eligible for a duty rate of 4.2% ad valorem under the United States-Canada Free Trade Act, if all applicable requirements are met.

Sincerely,

John Durant, Director
Commercial Rulings Division