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NY 847227




CLA-2-83:S:N:N1:113 847227

CATEGORY: CLASSIFICATION

TARIFF NO.: 8302.49.6090

Ms. Velma Smith
Union Brokerage Company
P.O. Box 15B
Portal, N.D. 58772

RE: The tariff classification of a gate boomer from Canada.

Dear Ms. Smith:

In your letter dated November 7, 1989, on behalf of Boomer Marketing Inc., you requested a tariff classification ruling.

The gate boomer is a described by you as an iron device used to close a farm gate. The device is fitted to one post of the gate, referred to as the brace post, and it has a "U" hooked arm which secures to an adjacent post in order to close the gate.

The applicable subheading for the gate boomer will be 8302.49.6090, Harmonized Tariff Schedule of the United States (HTS), which provides for other mountings and fittings of iron or steel, of aluminum or zinc. The duty rate will be 5.7 percent ad valorem.

Goods classifiable under subheading 8302.49.6090, HTS, which have originated in the territory of Canada, will be entitled to a 5.1 percent rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

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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