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NY J82935




April 11, 2003

CLA-2-44:RR:NC:SP:230 J82935

CATEGORY: CLASSIFICATION

TARIFF NO.: 4421.90.9740

Mr. Stephen Petres
Joslyn Manufacturing Co.
3700 South Morgan Street
Chicago, IL 60609

RE: The tariff classification of wooden crossarm braces for utility poles, from China.

Dear Mr. Petres:

In your letter dated March 23, 2003, you requested a tariff classification ruling.

Diagrams and a sample were submitted for our examination. The sample is a brace of a kind used to support a crossarm on a utility pole. It consists of a wooden board, approximately 1¾” square in cross section by 30” in length, with a galvanized steel fitting bolted to each end. (The fittings are mounting hardware that will facilitate attaching the brace to the pole and the crossarm.)

In a telephone interview, you explained that the actual imported version of the product will differ from the submitted sample in that the attached end fittings will be of aluminum instead of steel. The design of each aluminum fitting allows it to be slid onto the end of the brace, where it grips the wood tightly and is secured with a single nail. (No bolts are required.)

The braces will be imported in various sizes weighing between 2 to 8 pounds each. Following importation into the United States, they will be pressure-treated with an insecticide prior to use.

The applicable subheading for the wooden crossarm braces with attached aluminum fittings will be 4421.90.9740, Harmonized Tariff Schedule of the United States (HTS), which provides for other (non-enumerated) articles of wood. The rate of duty will be 3.3%. The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in 19 CFR 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect.

This ruling is being issued under the assumption that the subject goods, in their condition as imported into the United States, conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of Customs and you should resubmit for a new ruling in accordance with 19 CFR 177.2. You should also be aware that the material facts described in the foregoing ruling may be subject to periodic verification by the Customs Service.

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 Paul Garretto at 646-733-3035.

Sincerely,

Robert B. Swierupski
Director,

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