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NY 891686




October 25, 1993

CLA-2-73:S:N:N3:115 891686

CATEGORY: CLASSIFICATION

TARIFF NO.: 7326.20.0050

Mr. Dana R. Pickup
Cuba Specialty Mfg. Co., Inc.
P.O. Box 195
Fillmore, NY 14735

RE: The tariff classification of a crab trap from China.

Dear Mr. Pickup:

In your letter dated October 14, 1993, you requested a tariff classification ruling.

The subject item is a crab trap to be used by recreational crabbers. The parts are as follows:

1) A square grid (either 12" x 12" or 16" x 16") made of steel welded wire, coated with black paint.

2) A triangular grid (either 12" x 13" x 13" or 16" x 17" x 17") made of steel welded wire, coated with black paint.

One square and four triangular parts will be assembled to make one complete trap.

The applicable subheading for the crab trap will be 7326.20.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of iron or steel wire, other. The duty rate will be 5.7% ad valorem.

Noting your submitted catalog no. 92 - The description of the crab trap on page 2 indicates that the product is made in the U.S.A. Please note the following Customs Regulation for your merchandise:

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304) provides in general that any article of foreign origin (or its container) imported into the United States must be marked conspicuously, indelibly, legibly and as permanently as the nature of the article will permit in such manner as to indicate the country of origin to the ultimate purchaser in the United States.

Furthermore, the catalog should not misrepresent the fact that the country of origin for the crab trap is China and not the U.S.A.

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.

Sincerely,

Jean F. Maguire
Area Director

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