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NY I83328

July 10, 2002

CLA-2-72:RR:NC:1:117 I83328


TARIFF NO.: 7215.90.1000

Mr. Paul Leitner
Continental Agency Inc.
535 Brea Canyon Road
Walnut, CA 91789

RE: The tariff classification of steel tension bar from China.

Dear Mr. Leitner:

In your letter dated June 11, 2002 on behalf of Fittings that Fit, you requested a tariff classification ruling. A representative sample of the product to be imported was submitted with your request.

The products to be imported are galvanized steel tension bars measuring approximately 3/16 inch in thickness and from 5/8 inch to ¾ inch in width. The tension bars, used as a component in chain link fences, will be imported in varying lengths depending on the height of the fence.

You suggest that these tension bars are classifiable as parts of structures under HTS heading 7308, and indicate that the ENs to heading 7308 state the products of this heading “are usually made up from bars, rods, tubes, angles, shapes.” The ENs to heading 7308 actually state that the products of this heading are “made up from bars, rods, tubes, angles, shapesby riveting, bolting, welding, etc.” The subject tension bars are not “made up” from bars, etc. They are bars and meet the Chapter 72 Note 1. (m) definition for other bars and rods: “Products which do not conform to any of the definitions at(k)which have a uniform solid cross section along their whole length in the shape ofrectangles (including squares).”

The applicable subheading for the galvanized steel tension bars will be 7215.90.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for other bars and rods of iron or nonalloy steel, other, plated or coated with metal, not cold-formed. The rate of duty will be 0.6 percent ad valorem.

On March 5, 2002, President Bush proclaimed additional tariffs and quotas on a number of steel mill products for a period of three years. Products classified under HTS subheading 7215.90.1000, unless specifically excluded, are subject to additional duties. See subheadings

9903.73.42 through 9903.73.52, copy attached. Based upon the description of the merchandise provided in your request, the applicable Chapter 99 subheading is 9903.73.50 which currently carries an additional 30 percent ad valorem tariff. At the time of importation, you must report this Chapter 99 number in addition to the Chapter 72 number listed above.

The Proclamation is subject to periodic amendment of the exclusions, and the additional tariffs are reduced in the second and third years of the program, so you should exercise reasonable care in monitoring the status of goods covered by the Proclamation.

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 Paula Ilardi at 646-733-3020.


Robert B. Swierupski

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