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NY M82233




April 26, 2006

CLA-2-73:RR:NC:1:117 M82233

CATEGORY: CLASSIFICATION

TARIFF NO.: 7308.90.9590

Mr. Paul Handy
EGL Global Brokerage
4370 Old Dixie Road
Atlanta, GA 30354

RE: The tariff classification of steel dog kennels from China.

Dear Mr. Handy:

In your letter, dated March 10, 2006, on behalf of your client, the Radio Systems Corporation, Knoxville, TN, you requested a tariff classification ruling.

THE BOXTM Dog Run is comprised of steel chain link fencing that the consumer assembles into a dog kennel. The chain link fencing is made of rust-resistant, galvanized steel. The boxed units are available in 3 sizes: 7 ½’ x 7 ½’ x 4’ high (item 75754), 7 ½’ x 7 ½’ x 6’ high (item 75756), and 7 ½’ x 13’ x 6’ high (75136). THE BOXTM Dog Run will be sold at retail outlets in a box that includes a chain link fence and all hardware necessary for assembly.

The applicable subheading for the steel dog kennels 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. The rate of duty will be free.

Consideration was given to classification in subheading 7314.41.0030, HTSUS, which provides for cloth (including endless bands), grill, netting and fencing, of iron or steel wire, as you had suggested. However, articles made up of wire cloth netting are excluded from Heading 7314 as per the Explanatory Notes to Heading 7314. The ENs to Heading 7308 include 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 CFR 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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