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NY B89624




September 22, 1997

CLA-2-73:RR:NC:1:115 B89624

CATEGORY: CLASSIFICATION

TARIFF NO.: 7326.90.8585

Mr. John Wolper
Kaerntner Group, Inc.
P.O. Box 771
Kimberton, PA 19442

RE: The tariff classification of a "FundaFlex" flexible post foundation from Norway.

Dear Mr. Wolper:

In your letter dated September 10, 1997, you requested a tariff classification ruling.

The subject article, model MA60, is a "FundaFlex" flexible post foundation. It serves as a flexible base for traffic signs which increases safety. It has the ability to spring-back after contact. Conventional rigid traffic signs cause personal injury, damage to vehicles and require high maintenance and repair budgets. It is made of ductile iron, plastic and steel. This product can also be used in fencing systems, roadside reflectors, and chevron signs. Sizes will vary.

The subject article is a composite article that prima facie appears to be classifiable under more than one heading, each equally specific. Classification will accordingly be determined on the basis of that portion of the article which imparts the essential character. We have concluded that there is no essential character for this composite article.

Therefore, it shall be classified under the heading which occurs last in numerical order among those which equally merit consideration.

The applicable subheading for the "FundaFlex" flexible post foundation will be 7326.90.8585, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of iron or steel, other. The duty rate will be 4% ad valorem.

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

A copy of this ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Melvyn Birnbaum at 212-466-5487.

Sincerely,

Robert B. Swierupski
Director,

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