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NY L81569




January 24, 2005

CLA-2-73:RR:NC:N1:113 L81569

CATEGORY: CLASSIFICATION

TARIFF NO.: 7326.90.8587; 7616.99.5090

Ms. Lisa Zwaga
Lamplight Farms
4900 North Lily Road
Menomonee Falls, WI 53051

RE: The tariff classification of a torch stake and a deck clamp from China, Taiwan, Vietnam.

Dear Ms. Zwaga:

In your letter dated December 17, 2004, you requested a ruling on tariff classification.

The samples you provided are a torch stake and a deck clamp. The items are used to secure a bamboo or metal torch in a backyard or on a deck. They may also be used with flagpoles or similar poles. The torch stake is made of steel. The torch clamp is made of aluminum.

The applicable subheading for the steel 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.

The applicable subheading for the aluminum product will be 7616.99.5090, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of aluminum, other. The general rate of duty will be 2.5 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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