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NY C8592l


April 23, 1998

CLA-2-73:RR:NC:1:115 C85921

CATEGORY: CLASSIFICATION

TARIFF NO.: 7326.20.0050

Mr. Bao K. Nguyen
Golden Produce Sales, L.I.C.
5565 McIntire Street
Golden, Colorado 80403

RE: The tariff classification of a Tomahook from Vietnam

Dear Mr. Nguyen:

In your letter dated February 24, 1998 you requested a tariff classification ruling.

The subject article is described as a Tomahook. It consists of a short galvanized wire (2 mm diameter) bent into a Gothic C-shape, which is approximately 8 inches in length and 2 inches in width, and on which, between 9 to 15 meters of high strength UV resistant plastic tying twine are wrapped.

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.

The applicable subheading for the short galvanized wire 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 rate of duty will be 45 percent ad valorem.

In your inquiry you ask about the eligibility of Tariff number 9817.00.5000. This item is not eligible for 9817.00.5000 consideration because of the exclusion language found in the chapter note of Section 98. U.S. note (ij) excludes many articles found in chapter 73. The proposed classification is one of the exclusions.

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

A copy of the 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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