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NY L83948




April 22, 2005

CLA-2-73:RR:NC:N1:113 L83948

CATEGORY: CLASSIFICATION

TARIFF NO.: 7326.90.8587

Ms. Barbara Clausen
FedEx Trade Networks Transport & Brokerage, Inc. 205 West Service Road
Champlain, NY 12919

RE: The tariff classification of post supports from Canada

Dear Ms. Clausen:

In your letter dated April 13, 2005, on behalf of Pylex Products, you requested a tariff classification ruling.

The merchandise is a number of products used to anchor and support fencing and other posts. The items include the Pylex Foundation Screw, the Pylex-L Anchor Screw, the Spytek 44 Anchor Spike, the Spytek 238-178-112 Anchor spike and the Spytek Deck Spike. Because of the use of the items, we assume that they are made of iron or steel.

The Pylex Foundation Screw [right] may be installed to a depth of four feet. It has a load bearing capacity of up to 5,000 pounds. It is a long tube with a helical flange on the bottom that cuts through the soil and anchors it into the ground. The top has a “U” bracket to hold a deck post.

The Pylex-L Anchor Screw [left] is designed to make fence assembling and installation faster and easier. It has a bearing capacity of up to 4,000 pounds.

The Spytek 44 Anchor Spike [right] for is for 4" x 4" posts, with inside measurement of 3 1/2"X 3 1/2". The Spytek offers a stabilizing system to allow the pole to return to its initial position when the ground thaws. It is used with fences, mailboxes and signs.

The Spytek 238-178-112 Anchor Spike [left] has an adjustable head for round, chain-link fence posts. Four bolts make it possible to adjust the post to make it level. It is used with chain link fence posts, mailboxes, and signs.

The Spytekdeck Spike [right] has an adjustable head for a 4” x 4” post, with an inside measurement of 3 1/2” x 3 1/2”. The Spytekdeck offers an anchor hook stabilizing system to allow the pole to return to its initial position when the ground thaws. It is used for decks, garden houses and gazeboes.

The applicable subheading for the merchandise will be 7326.90.8587, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of iron or steel, other. The 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. 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 James Smyth at 646-733-3018.

Sincerely,

Robert B. Swierupski
Director,

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