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HQ 083736


October 5, 1989

CLA-2 CO:R:C:G 083736 AJS

CATEGORY: CLASSIFICATION

TARIFF NO: 7216.10.0010

Mr. Ronald H. Melvin
Halfen Anchoring Systems
30360 Edison Drive
Roseville, MI 48305-7069

RE: Steel Channel New York ruling letter 828930

Dear Mr. Melvin:

We have been asked to review NY ruling letter 828930 issued to your office on May 13, 1988, which dealt with the class- ification of a hot rolled plain back nonalloy steel channel.

In that ruling the article in question was classified within subheading 7216.50.00, HTSUSA, which provides for other angles, shapes and sections of iron or nonalloy steel, not further worked than hot-rolled, hot-drawn or extruded. Upon reconsideration we conclude that this classification was incorrect.

The Explanatory Notes to heading 72.16 state that U sections include steel channels. Subheading 7216.10.00, HTSUSA, provides for U sections not further worked than hot-rolled and of a height less than 80 mm. Thus the terms of this subheading would specifically describe the articles in question. This provision would be controlling over subheading 7216.50.00, which is a so- called "basket" provision covering non-specifically described steel sections.

NY ruling letter 828930 is modified to the extent that the hot rolled plain back nonalloy steel channel is classified within subheading 7216.10.00, HTSUSA, as a hot rolled U section dutiable at the rate of 0.9 percent. This duty rate is the same as that
which was imposed under 7216.50.00, so no refund or additional duty is required. This modification is issued pursuant to 19 CFR 177.9 (d).

Sincerely,

John Durant, Director
Commercial Rulings Division

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