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NY M80357





March 10, 2006

CLA-2-73:RR:NC:N1:117 M80357

CATEGORY: CLASSIFICATION

TARIFF NO.: 7306.30.5032; 7306.60.5000; 7308.90.9590; 7306.30.5055

Ms. Jessica DePinto, Esq.
Hodes Keating & Pilon
39 South LaSalle Street, Suite 1020
Chicago, IL 60603-1731

RE: The tariff classification of steel tubing from China.

Dear Ms. DePinto:

In your letter dated February 10, 2006, on behalf of your client, Chipless Metals LLC, you requested a tariff classification ruling.

The subject merchandise consists of tubes of nonalloy steel that are electric resistance welded. They will be imported in circular, rectangular and square form. After importation, the tubes will be further manufactured or otherwise processed to be used in fencing structures or as handrails.

The first item does not have a part number and is identified as a round fence rail. It consists of a circular, welded, galvanized tube that measures 60.33 mm in outside diameter, has a wall thickness of 2.3 mm and is 2900 mm long.

The second item, part number 81-001178-00, is a rectangular fence panel tube that measures 127 mm (5 inches) wide by 34.9 mm (1 3/8 inches) high. The tube has a wall thickness of 1.2 mm and measures 2900 mm long.

The next item consists of 152.4 mm (6 inch) square fence post tubing. This tubing has rectangular holes punched out along the length to accommodate fence panel tubes. It measures approximately 107.37 mm in length. The fence post tubing is referenced by various part numbers depending on the wall thickness and the number of sides that are punched out.

The final item consists of circular tubes that measure 31.75 mm (1 ¼ inches) to 37.65 mm (1 ½ inches) in diameter. The wall thickness of these tubes measures 1.9 mm and they are not galvanized. They will be manufactured into handrails.

The applicable subheading for the round fence rails will be 7306.30.5032, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other tubes, pipes and hollow profiles (for example, open seamed or welded, riveted or similarly closed), of iron or steel, other, welded, of circular cross section, of iron or nonalloy steel, having a wall thickness of 1.65 mm or more, other, other, with an outside diameter not exceeding 114.3 mm, galvanized, other. The rate of duty will be free.

The applicable subheading for the part 81-01178-00 will be 7306.60.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other tubes, pipes and hollow profiles (for example, open seamed or welded, riveted or similarly closed), of iron or steel, other, welded of noncircular cross section, having a wall thickness of less than 4 mm, of iron or nonalloy steel. The rate of duty will be free.

The applicable subheading for the square fence post tubing will be 7308.90.9590, Harmonized Tariff Schedule of the United States (HTSUS), which provides for structures (excluding prefabricated buildings of heading 9406) and parts of structures (for example, bridges and bridge sections, lock gates, towers, lattice masts, roofs, roofing frameworks, doors and windows and their frames and thresholds for doors, shutters, balustrades, pillars and columns) of iron or steel: plates, rods, angles, shapes, sections, tubes and the like, prepared for use in structures, of iron or steel, other, other, other, other, other. The rate of duty will be free.

The applicable subheading for the handrail tubing will be 7306.30.5055, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other tubes, pipes and hollow profiles (for example, open seamed or welded, riveted or similarly closed), of iron or steel, other, welded, of circular cross section, of iron or nonalloy steel, having a wall thickness of 1.65 mm or more, other, other, with an outside diameter not exceeding 114.3 mm, other, other. The rate of duty will be free.

You have suggested that the square fence posts are classifiable in 7326.90.8587 as other articles of iron or steel. However, these fence posts consist of square tubes, which have holes, punched out along the length to accommodate fence panels. They are tubes that have been prepared for use in assembled fencing.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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