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NY R01056

December 1, 2004

CLA-2-73:RR:NC:1:117 R01056


TARIFF NO.: 7303.00.0090

Mr. Daniel C. Tynes
Seamless Pole Inc.
2319 Tanglewood Drive
Birmingham, Alabama 35216

RE: The tariff classification of ductile cast iron tubular poles from Turkey.

Dear Mr. Tynes:

In your letter dated November 10, 2004, you requested a tariff classification ruling.

The products to be imported are centrifugally cast ductile iron tapered tubular pole sections used to construct poles for the utility and lighting markets. These tubular poles may or may not be coated with zinc. They will be imported in lengths of 20.5 feet and can be assembled to make poles ranging from 40 feet to 120 feet in height. One of the applicable specifications for this product is ASTM Specification A 746 which is the Standard Specification for Ductile Iron Gravity Sewer Pipe. You suggest that this product might be classified under HTS heading 7304 which provides for tubes, pipes and hollow profiles, seamless, of iron (other than cast iron) or steel. This heading excludes cast iron. Chapter 73 Note 1. states that the expression “cast iron” for chapter 73 purposes applies to products obtained by casting in which iron predominates by weight over each of the other elements and which do not comply with the chemical composition of steel as defined in Note 1(d) to chapter 72. HTS heading 7303 provides for tubes, pipes and hollow profiles of cast iron.

The applicable subheading for the centrifugally cast ductile iron tubular poles will be 7303.00.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for tubes, pipes and hollow profiles, of cast iron, other. The rate of duty will be free.

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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