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NY K83912




March 19, 2004

CLA-2-73:RR:NC:N1:113 K83912

CATEGORY: CLASSIFICATION

TARIFF NO.: 7326.90.8587

Mr. A. Ray Turner
Flexi-Wall Spinal Track
P.O. Box 969
Tweed Heads, N.S.W. Australia 2485

RE: The tariff classification of wall track from Australia.

Dear Mr. Turner:

In your letter dated December 24, 2003, received in this office on March 4, 2004, you requested a ruling on tariff classification.

The merchandise is the Flexi-Wall Spinal Track. The product is a floor brace of steel for timber studs in a round or curved wall. In use, the wall studs will be saw kerfed at the top and bottom and laid out on the floor. The flanges of the Spinal Track are slid onto this saw cut. The 90O tabs are nailed into the ends of the studs. The wall is erected and curved to its required radius. Finally, the Spinal Track between the studs is nailed to the floor and ceiling.

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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