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HQ 952470


CLA-2:CO:R:C:M 952470 JAS


TARIFF NO.: 7309.00.00, HTSUS

Mr. Harry Wood
H.A. & J.L. Wood
U.S. Customs Brokers
Pembina, ND 58271

RE: Hopper Bins; Grain Storage Bins; Structures; Heading 7308; Reservoirs, Tanks, Vats; Heading 7309; NY 825575 Revoked

Dear Sir:

In response to your request of September 28, 1987, on behalf of Triple E Industries, our New York office ruled that certain hopper bins from Canada principally used by farmers for grain storage were classifiable under the provision for other structures of iron or steel, in subheading 7308.90.90, Harmonized Tariff Schedule of the United States (HTSUS) (NY 825575, dated December 7, 1987).

We have reconsidered this position and are now of the opinion that hopper bins the subject of ruling 825575 are classifiable in heading 7309.00.00, HTSUS, as reservoirs, tanks, vats and similar containers for any material (other than compressed or liquefied gas), of iron or steel, of a capacity exceeding 300 liters. The rate of duty on merchandise qualifying as an originating good under the United States-Canada Free-Trade Implementation Act of 1988 is 1.5 percent ad valorem. Enclosed is a copy of HQ 951729, dated August 31, 1992, which sets forth our position in the matter.

NY 825575, dated December 7, 1987, is revoked under the authority of section 177.9(d), Customs Regulations (19 CFR 177.9(d)).


John Durant, Director
Commercial Rulings Division

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