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NY J89541




October 16, 2003

CLA-2-73:RR:NC:N1:113 J89541

CATEGORY: CLASSIFICATION

TARIFF NO.: 7326.90.8587

Mr. Thomas J. O’Donnell
Rodriguez O'Donnell Ross Fuerst Gonzalez & Williams, P.C. 20 North Wacker Drive
Suite 1416
Chicago, IL 60606

RE: The tariff classification of Swellex Bolts and Face Plates from Sweden.

Dear Mr. O’Donnell:

In your letter dated October 7, 2003, you requested a ruling on behalf of Atlas Copco Construction Mining TEC on tariff classification.

The merchandise is Swellex® Bolts and face plates. The articles are rock bolts used to support the roofs and walls of mines. The rock bolt face plate supports the loose rock around the rock bolt head. The Swellex consists of a circular steel tube that has been folded to reduce its diameter. The rock bolts are placed in a drilled hole and expanded by high pressure water. The Swellex reinforces the rock. You express the opinion that these items are classifiable under heading 7308, HTS. We do not believe that the Swellex bolts and face plates are structural components since they are not used in conjunction with “structures” as that term is defined in the Explanatory Notes. Accordingly, classification under heading 7308 is precluded.

The applicable subheading for this product will be 7326.90.8587, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of iron or steel, other. The general rate of duty will be 2.9 percent ad valorem.

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

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 James Smyth at 646-733-3018.

Sincerely,

Robert B. Swierupski
Director,

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