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NY N018535




October 31, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 7306.30.5032; 7308.90.6000

George Ruhl
Midwest Air Technologies, Inc.
625 Barclay Blvd
Lincolnshire, IL 60069

RE: The tariff classification of steel posts from China.

Dear Mr. Ruhl:

In your letter received on October 16, 2007, you requested a tariff classification ruling. Representative samples have been submitted with your request and will be returned to you.

The products to be imported are described as “Cap Guard” chain link posts which you state are used to support, frame and hold chain link fabric in the building of complete chain link fencing systems. All of the posts are of galvanized carbon steel and are of welded construction. They are available in wall thicknesses of 0.35 inch to 0.72 inch, diameters from 1 3/8 inches to 2 3/8 inches and lengths of 5 to 12 feet. Some of the posts are straight pieces, while others are swaged or reduced on one end to facilitate installation. These posts may have either insert style or wrap around style plastic caps on one or both ends which serve to protect the post from various elements. Some pipe may have either 2 or four holes drilled on each end or have indentations in the surface of the metal.

The applicable subheading for the straight posts will be 7306.30.5032 Harmonized Tariff Schedule of the United States (HTSUS), which provides for other tubes, pipes or 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 posts with swaged ends will be 7308.90.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for 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 window 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, columns, pillars, posts, beams, girders and similar structural units, other. The rate of duty will be free.

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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