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NY A89635

November 19, 1996

CLA-2-73:RR:NC:1:115 A89635


TARIFF NO.: 7326.90.8585

Ms. Midge A. Hand
International Castings and Equipment, Inc. 600 Houze Way, Suite E-8
Roswell, GA 30076

RE: The tariff classification of a top clamp section from China.

Dear Ms. Hand:

In your letter dated November 13, 1996, you requested a tariff classification and country of origin marking ruling.

The subject steel item is described as the top 1/2 of a clamp. The product is approximately 3" in length and threaded at its apex. This clamp section will be assembled here in the United States with its "bottom 1/2" of the clamp section by insertion with a cotter pin and screw. The finished assembly will be painted or galvanized before resale. The product will then be used to hang overhead pipes.

The applicable subheading for the top clamp section will be 7326.90.8585, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of iron or steel, other. The duty rate will be 4.6% ad valorem.

Your query also requests a country of origin marking ruling on the clamps. Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304) provides in general that any article of foreign origin (or its container) imported into the United States must be marked conspicuously, indelibly, legibly and as permanently as the nature of the article will permit in such manner as to indicate the country of origin to the ultimate purchaser in the United States.

Section 134.32 of the Customs Regulations (19 CFR 134.32) provides for general exceptions to marking requirements. In your particular instance, subsection (d) applies which provides for the exception to the marking requirements for articles for which the marking of the containers will reasonably indicate the origin of the articles.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this 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 Melvyn Birnbaum at 212-466-5487.


Roger J. Silvestri

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