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NY L88166




October 26, 2005

CLA-2-83:RR:NC:N1:121 L88166

CATEGORY: CLASSIFICATION

TARIFF NO.: 7616.99.5090; 7326.90.8587; 8302.41.6045

Mr. Andy Fu
Midwest Air Technologies, Inc.
625 Barclay Boulevard
Lincolnshire, IL 60069

RE: The tariff classification of fence and gate parts from China

Dear Mr. Fu:

In your letter, dated October 12, 2005, you requested a tariff classification ruling.

The samples you submitted are parts for chain link fencing and gates. Part number 328567DPT is a two-way bullet cap made of 100% aluminum. It covers the top of a fence post and serves to support and connect the top rail pipe.

Part number 328592D is a top rail sleeve made of 100% galvanized steel. It is used to connect two top rail pipes. Part number 328522DPT is a tension band made of 100% galvanized steel. It serves to bind the post and tension bars, which hold the stretched fencing fabric tight. Part number 328595DPT is a wood adapter clamp made of 100% galvanized steel. It adapts a steel post to an existing wood fence so that the post can be used to install chain link fencing. Part number 328526D is a panel clamp set made of 100% galvanized steel. It is used to bind posts and/or panels together.

Part number 328583DPT is a swivel wheel measuring approximately 6 ¼ inches in diameter and 1 6/8 inches in width. It weighs a total of 4.63 lbs: 2.5 lbs. steel and 2.13 lbs. rubber. It is a castor used under the gate to facilitate its movement. Part number 308704DPT is a 36” cane bolt assembly made of 100% galvanized steel. It is used to lock the gate by pushing the cane bolt down to the ground. Part number 328536DPT is a walk gate hardware set made of 100% galvanized steel. It is used to install the gate onto the fence post.

The applicable subheading for the aluminum bullet cap will be 7616.99.5090, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of aluminum, other, other, other, other, other, other. The rate of duty will be 2.5 percent ad valorem.

The applicable subheading for the top rail sleeve, tension band, wood adapter clamp and panel clamp set will be 7326.90.8587, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of iron or steel, other, other, other, other, other. The rate of duty will be 2.9 percent ad valorem.

The applicable subheading for the swivel wheel, cane bolt assembly and walk gate hardware set will be 8302.41.6045, Harmonized Tariff Schedule of the United States (HTS), which provides for base metal mountings, fittings and similar articlesother mountings, fittings and similar articles, and parts thereof, suitable for buildings, other, of iron or steel, of aluminum or of zinc, suitable for interior and exterior doors (except garage, overhead or sliding doors), other. The rate of duty will be 3.9 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 Barbara Kaiser at 646-733-3024.

Sincerely,

Robert B. Swierupski
Director,

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