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NY 850050




CLA-2-73:S:N:N1:118 850050

CATEGORY: CLASSIFICATION

TARIFF NOS.: 7314.20.0000; 7326.90.9090; 7308.90.9090

Mr. Brett Taylor
Aftex Trading Company
P.O. Box 802631
Dallas, Texas 75380-2631

RE: The tariff classification of wire fencing grills (roll-top fencing), fence posts, and gates from South Africa.

Dear Mr. Taylor:

In your letter dated February 26, 1990, you requested a tariff classification ruling.

The fencing grill is formed by welding straight horizontal 4 mm wires to vertical 10 mm wires which have been bent to form a loop at the top. The loops are perpendicular to the plane of the grill and when the horizontal wires are attached, the loops add rigidity at the top of the grill. The grills are all under 8 feet in length and will be imported in heights ranging from 2 feet 11 inches to 3 feet 11 inches. After importation they will be attached to the imported fence posts with domestically sourced hardware. The fence posts measure 50 mm in diameter and their lengths will vary according to the height of the fence to be erected. The posts, in their imported condition are round steel tubes with a cap welded to one end, and holes crossed drilled to facilitate attachment of the grills. You will import two posts with every three fencing grills. The gates are steel wire grills mounted on steel frames. There will be single walk through gates and double drive through gates. You will stock the imported materials and use them, as orders are received, to build fences around yards and swimming pools.

The applicable subheading for the wire fencing grills will be 7314.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for steel grill, netting and fencing, welded at the intersection, of wire with a maximum cross-sectional dimension of 3 mm or more and having a mesh size of 100 cm2 or more. The rate of duty will be 5.7 percent ad valorem. The applicable subheading for the fence posts will be 7326.90.9090, (HTS), which provides for other articles of iron or steel. The rate of duty will be 5.7 percent ad valorem.

The applicable subheading for the fence gates will be 7308.90.9090, (HTS), which provides for structures and parts of structures, of iron or steel: Other: Other. The rate of duty will be 5.7 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

Executive Order 12532 September 9, 1985, and subsequent notices published in the Federal Register prohibit certain transactions involving South Africa. No article, with certain listed exceptions, that is grown, produced, manufactured by, marketed by, or otherwise exported by a parastatal organization may be imported into the United States. The goods which are the subject of the above classification ruling are not prohibited if there is no parastatal involvement in the transaction. If the importer asserts that the imported articles were not grown, produced, manufactured, marketed or otherwise exported by a parastatal organization, he shall file the following declaration:

These goods were obtained from , which is not a parastatal entity of South Africa, and these goods were not grown, produced, manufactured, marketed, or otherwise exported by a parastatal organization.

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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