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NY R02719




November 14, 2005

CLA-2-72:RR:NC:1:117 R02719

CATEGORY: CLASSIFICATION

TARIFF NO.: 7217.10.8090

Mr. Steve Gunther
Stonepath Logistics International Services 980 Lone Oak Road, #134
Eagan, MN 55121

RE: The tariff classification of steel wire from China.

Dear Mr. Gunther:

In your letter dated October 21, 2005, on behalf of Industrial Spring Company, you requested a tariff classification ruling. You also ask about country of origin marking requirements.

The merchandise to be imported is cold-drawn round wire with diameters ranging from .207” to .250”. Made from nonalloy steel, containing over 0.6 % carbon, this wire will be used to manufacture torsion springs for garage doors.

The applicable subheading for the steel wire will be 7217.10.8090, Harmonized Tariff Schedule of the United States (HTS), which provides for wire of iron or nonalloy steel, not plated or coated, whether or not polished, other, round wire, containing by weight more than 0.6 percent carbon, other, with a diameter of 1.5 mm or more. The rate of duty will be free.  The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Certain classes of articles which are specified in section 134.33, Customs Regulation (19 CFR 134.33), known as the "J-list," are excepted from individual country of origin marking pursuant to 19 U.S.C. 1304(a)(3)(J). Wire, except barbed wire, is one of these exceptions. 19 CFR 134.33 further provides that if an article included on the "J-list" is imported in a container, the outermost container in which the article ordinarily reaches the ultimate purchaser is required to be marked to indicate the origin of its contents.

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 Gloria Stingone at 646-733-3020.

Sincerely,

Robert B. Swierupski
Director,

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