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NY 810714




June 6, 1995

CLA-2-73:S:N:N3:115 810714

CATEGORY: CLASSIFICATION

TARIFF NO.: 7325.10.0050; 7325.99.1000

Mr. Jim Myers
South Bay Foundry Inc.
P.O. Box 1256
1623 Cleveland Ave., Suite 200
National City, CA 91950-0344

RE: The tariff classification of cast iron articles from China.

Dear Mr. Myers:

In your letter dated May 19, 1995, you requested a tariff classification ruling.

The subject items are described as follows:
a) Under ground storage tank assembly b) 5 gallon containment box c) Round compression ring d) Round flange e) Oblong compression ring f) Oblong flange g) 36" Ductile iron lid

All of the above items are made of cast iron. The 36" lid is made from ductile iron which is malleable cast iron.

These products are used to manufacture the containment box units that sit on top of underground storage tanks. When assembled, they represent one unit.

The applicable subheading for items a-f will be 7325.10.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for other cast articles of iron or steel: of nonmalleable cast iron...manhole covers, rings and frames. The duty rate will be free.

The applicable subheading for the 36" ductile lid, item g, will be 7325.99.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for other cast articles of iron or steel: of cast iron. The duty rate will be 2.5% ad valorem. Consideration was given to classifying this product under subheading 7310.29.0000, HTS, as you have suggested. However, that provision would not apply noting the Explanatory Notes to Section XV, 73.10. These items are not of the same class or kind as the exemplars noted in that Section.

Please note that this merchandise may be subject to Antidumping duties. Should you require an Antidumping scope determination for this merchandise, please file a request for a formal scope inquiry to: U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, IA Central Records Unit, Room B-009, Attention: Mr. Roland MacDonald, 14th Street and Constitution Avenue, N.W., Washington, DC 20230.

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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