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NY N008496




April 6, 2007

CLA-2-74RR:E:NC:1:117

CATEGORY: CLASSIFICATION

TARIFF NO.: 7407.10.1500

Fred M. Sosa
Commercial Metals Co.
2200 Fletcher Avenue, 7th Floor
Fort Lee, NJ 07024

RE: The tariff classification of copper profiles from China.

Dear Mr. Sosa:

In your letter dated March 16, 2007 you requested a tariff classification ruling.

The product to be imported is described as tubing made from 99.9% copper. Imported in 12-foot lengths, this product is circular on the inside with an octagon shaped exterior. It will be used to manufacture industrial fittings.

This merchandise does not meet the Chapter 74, Note 1(h) definition of tubes and pipe. Although the inner and outer cross sections are concentric, they do not have the same form and orientation and are considered to be profiles, as defined in Chapter 74, Note 1(e).

The applicable subheading for the copper profiles will be 7407.10.1500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for copper bars, rods and profiles, of refined copper, profiles, hollow profiles. The rate of duty will be 3 percent.

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 Stingone at 646-733-3020.

Sincerely,

Robert B. Swierupski
Director,

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